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2015 Supreme(P&H) 1364

BHARAT BHUSHAN PARSOON
Kishan Chand – Appellant
Versus
Amar Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Gurdial Singh Jaswal, Advocate.
For the Respondent:Ravi Gakhar, Advocate for Jagdish Manchanda, Advocate.

JUDGMENT

Dr. Bharat Bhushan Parsoon, J. - This Regular Second Appeal is directed against judgment and decree dated 3.10.1987 passed by Additional District Judge, Hoshiarpur vide which judgment and decree dated 15.11.1986 of the lower court, dismissing the suit of plaintiff Amar Singh, respondent herein, for seeking a decree for declaration claiming cancellation of the sale deed dated 10.5.1965 and mutation No.1384 in respect of the suit land, were reversed and, consequently, suit of the plaintiff was decreed. Sequelly, sale deed dated 10.5.1965 as also mutation No.1384 sanctioned thereafter in respect of the suit land were held to be void, ineffective and inoperative qua the right, title and interest of the plaintiff, respondent herein.

2. As per the case of the respondent/plaintiff, defendant Kishan Chand, appellant herein, had purchased land from him vide sale deed of 10.5.1965. At the time of delivery of possession to the defendant, it was discovered by the parties that the sale deed had inadvertently been effected in respect of unwanted Khasra numbers. The defendant had refused to take physical possession of the land. Sequelly, the parties mutually agreed to revoke the sale deed.







































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