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2009 Supreme(P&H) 517

KANWALJIT SINGH AHLUWALIA
Devi Ram – Appellant
Versus
Maha Ram – Respondent


Advocates appeared:
For the Petitioners:Mr. Rajesh Arora, Advocate.
For the Respondent:Mr. P.R. Yadav, Advocate.

JUDGMENT

KANWALJIT SINGH AHLUWALIA, J

1. Maha Ram accused had executed a sale deed on 10th July, 1990 in favour of petitioners regarding plot No. 7 falling in Khasra No. 906 and 907. The sale deed was for plot measuring 140 square yards. Later it dawned upon the petitioners complainant that actual area was 120 square yards.

2. They had filed a civil suit, in which prayer was made that deficient area be made good by Maha Ram, seller of the land. Counsel for the petitioners is unable to state the date as to when the civil suit was filed. Counsel has, however, submitted that the Local Commissioner visited the spot and physical measurement of the plot was done on 24th July, 2006. It is stated that accused Maha Ram had also filed a civil suit on 4th October, 2002. Maha Ram had filed a criminal complaint in the Court that mutation No.2985 sanctioned on 4th August, 1990 was a forged entry as it was mentioned in the entry that Maha Ram had undertaken to make the deficiency of land good. In the complaint so filed by Maha Ram, petitioners have been summoned as accused.

3. The complaint was filed by the petitioners against Maha Ram on 4th November, 2003 after a delay of 13 years. In the compla







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