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2014 Supreme(P&H) 630

RAKESH KUMAR JAIN
Tarsem Singh – Appellant
Versus
Jasbir Kaur – Respondent


Advocates:
For the Petitioner:Mr. Manish Bansal, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J. (Oral) - This petition is filed by defendant No.3 against the order dated 23.7.2014 by which his application filed under Order 14 Rule 5 and Order 14 Rule 2 of the Code of Civil Procedure, 1908 [for short ‘the CPC’] has been declined.

2. The plaintiffs filed the suit for declaration that the sale deed dated 6.10.1999, alleged to have been executed by the plaintiffs in favour of defendant No.1, with regard to house No.385, constructed over the land measuring 100 sq. yards situated at Sultanwind Sub Urban Abadi Azad Nagar, Sultanwind Road, Amritsar and for further declaration that the sale deed dated 24.7.2002 executed by defendant No.1 through his attorney in favour of defendant No.3 qua 3/4th share of the aforesaid property is also null and void and further for the declaration to the effect that the sale deed dated 5.4.2006, executed by defendant No.3 in favour of defendant No.6 is also null and void qua 3/4th share of the plaintiff as the defendant No.3 has got no right, title or interest in the aforesaid property. The plaintiffs also prayed for permanent injunction in order to restrain the defendant no.6 from alienating 3/4th share in the afores






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