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2012 Supreme(P&H) 65

G.S.SANDHAWALIA
Amar Singh – Appellant
Versus
Baljit Singh – Respondent


Advocates:
For the Appellants:Mr. Suvneet Sharma, Advocate.
For the Respondents:Mr.Hawa Singh Hooda, Sr.Advocate with Mr.Gaurav Hooda, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia, J.: - The present appeal has been filed by the defendant-appellants who are dissatisfied with the judgment and decree dated 23.04.1986 wherein the lower appellate Court at Rohtak had allowed the appeal of the unsuccessful plaintiff-respondents and passed a decree of possession in their favour.

2. The necessary facts which emanate from the facts are that the plaintiff-respondents filed a suit for possession of 48 kanals as per Jamabandi of the year 1977-78 of Village Bhalot on the ground that one Kanwar Shamsher Singh, retired IG of Police was the owner of the land and residing outside Village Bhalot and had appointed Om Parkash, son of Samundar Singh as his Power of Attorney to deal with the property. It was alleged that on the strength of the said Power of Attorney, a registered mortgage deed dated 14.11.1980 was executed for a sum of Rs.12,000/- and possession of the land had been taken as mortgagee’s and the plaintiff-respondents were in possession of the suit land. The defendant-appellants were interfering in the possession of the plaintiff-respondents/mortgagees who accordingly filed a suit for permanent injunction in the Court of Sr.Sub-Judge, R








































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