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2002 Supreme(P&H) 86

M.L.SINGHAL
Jora Singh – Appellant
Versus
Dalip Kaur – Respondent


Advocates Appeared:
For the Appellant :Mr. H.S. Bhullar, Advocate.
For the Respondent:Mr. D.S. Chahal, Advocate.

JUDGMENT

M.L. Singhal, J. - Dalip Kaur d/o Sham Kaur d/o Roda Singh of village Smalsar, Tehsil Moga, wife of Bhagat Singh of Village Rajiwala, Tehsil Zira filed suit for declaration against Jora Singh son of Pilla Singh son of Anokh Singh alias Ghona Singh of village Smalsar to the effect that she is mortgagee with possession of land measuring 7 kanal 11 marla as detailed in the heading of the plaint situated in village Smalsar, Moga for Jamabandi of 1987-88; in the alternative, decree for possession as mortgagee. It is alleged in the plaint that land measuring 7 kanal 11 marla is the ownership of the defendant. It was mortgaged by him with possession in favour of Sham Kaur mother of the plaintiff for a sum of Rs. 32,200/- vide registered mortgage deed dated 3.9.86. Sham Kaur died on 16.1.89 leaving behind the plaintiff as her sole heir. Mutation of succession of Sham Kaur was sanctioned in favour of the plaintiff. Defendant forged a receipt after the death of Sham Kaur purporting to have been executed by Sham Kaur in token of the receipt of the redemption money and got sanctioned a mutation of redemption without the knowledge of the plaintiff in a secret and clendestine destine ma


















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