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2016 Supreme(P&H) 2579

DARSHAN SINGH
Dushyant Kumar – Appellant
Versus
Ajit Singh – Respondent


Advocates:
For the Appellant:Mr. Abhinav Sood, Advocate for Mr. Vikram Singh, Advocate.

JUDGMENT

Mr. Darshan Singh, J.:- The present appeal has been preferred against the judgment and decree dated 19.07.2013 passed by the learned Additional District Judge, Panipat, whereby the appeal filed by the plaintiff-appellant against the judgment and decree dated 21.09.2012 has been dismissed.

2. For the sake of convenience, the status of the parties shall be referred as in the original suit.

3. The appellant-plaintiff has filed the suit for declaration to the effect that the sale deed bearing Vasika No. 1986 dated 13.10.1971 executed by defendant no. 2 Ashok Kumar in favour of defendant no. 1 Ajit Singh was illegal, null and void without any legal necessity and is not bindings on the rights of the plaintiff. He also prayed for the consequential relief of permanent injunction restraining the defendants from alienating or transferring the suit land in any manner whatsoever.

4. As per the case of plaintiff, Uttam Chand was the owner in possession of the land in dispute. He died on 05.07.1969. At that time, the plaintiff was a miner and aged about 7 years. Uttam Chand has executed a registered Will dated 12.05.1967 in favour of the plaintiff, defendant no.2 and their two brothers n


























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