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2008 Supreme(P&H) 572

PERMOD KOHLI
Ude Singh – Appellant
Versus
Ram Chander – Respondent


Advocates Appeared:
For the Appellants :Mr. Rajender Chhokar and Mr. Navneet Chhokar, Advocates.

JUDGMENT

Permod Kohli, J. (Oral) - Heard.

Following substantial questions of law arise in the present appeal :

1. Whether the plaintiff could claim the possession of the property from the defendants in view of the execution of the sale deed though unregistered accompanied with delivery of possession and receipt of entire sale consideration.

2. Whether the entry of possession in jamabandi with regard to the constructed portion can raise a presumption of possession.

Appeal is admitted.

In view of the above substantial questions of law appeal is heard finally.

2. Respondent plaintiff filed a suit for possession against the appellants here in respect of land measuring 7 Marlas Khewat No. 243, Khata No. 450 Khasra No. 83/13 situated in village Aterna, Teh. and Distt. Sonepat. It was alleged in the plaint that the father of the plaintiff namely Dalu Ram was allotted the suit property and after his death the plaintiff became the owner of the plot on 15.09.1975. Defendants attempted to take forcible possession and plaintiff filed a suit for permanent injunction and during the pendency of the suit defendants got the possession forcibly on 03.11.76, thus suit for permanent injunction became


















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