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2015 Supreme(P&H) 322

SHEKHER DHAWAN
Rattan Lal – Appellant
Versus
Raj Kumari – Respondent


Advocates:
For the Appellants:Mr. Akshay Bhan, Senior Advocate with Mr. Santosh Sharma, Advocate.
For the Respondent Nos.1 & 2:Mr. Anil Kshetarpal, Senior Advocate with Mr. Vivek Khatri, Advocate.

JUDGMENT

Mr. Shekher Dhawan, J.: - Present Regular Second Appeal against the judgment and decree dated 18.12.2012, whereby the first appellate court dismissed the appeal against the judgment and decree dated 06.11.2009, passed by Additional Civil Judge, Civil Judge (Sr. Divn.) Jhajjar.

2. For the sake of convenience, the parties are being referred to as per their status before the Court of first instance.

3. The detailed facts of the case have already been recapitulated in the judgments of both the Courts below. However, relevant facts for the purpose of decision of present Regular Second Appeal that plaintiff Matu Ram had filed the suit for declaration and he is owner in possession of land in question. Defendant No.1 is wife of defendant No.2, who is real son of plaintiff and is an officer of Revenue Department of Haryana Government. Defendant No.2 got executed one release deed in favour of defendant No.1 on the basis of GPA regarding suit land and as such the release deed dated 20.08.2001 is illegal, not effective and not binding upon the rights of plaintiff. However, the defendants in collusion with revenue officers got entered mutation No.2653 dated 27.11.2001 in their favour is




























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