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2017 Supreme(P&H) 782

ANITA CHAUDHRY
Baljinder – Appellant
Versus
Sharda Gupta – Respondent


Advocates:
For the Appellant:Mr. Rajnish Gupta, Advocate.

JUDGMENT

Mr. Anita Chaudhry, J.: - This is an appeal by the unsuccessful plaintiff against the judgments of both the Courts below. The appeal has been filed with a delay of 163 days. The question whether sufficient cause had been shown will be deliberated little later. Before that, a brief sketch of the facts is necessary.

2. A suit was filed by the plaintiffs asserting that they were owners of the suit property to the extent of share mentioned therein. It was pleaded that the power of attorney dated 17.11.1990 executed in favour of defendant No. 2 and the sale deed dated 21.7.2003 did not affect their rights and a prayer for permanent injunction was made restraining the defendants from interfering in their possession. It was pleaded that Telu Ram, their predecessor, had died on 26.5.2001 leaving behind plaintiffs No. 1 to 7 who had inherited the entire estate of Telu Ram and they were in possession to the extent of the share disclosed in the plaint. It was pleaded that plaintiff No. 8 namely Ram Kumar who was earlier arrayed as defendant No. 3 had gifted his half share to plaintiff No. 7 but during the pendency of the suit, plaintiff No. 7 gifted the same land back to Ram Kumar no































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