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2018 Supreme(P&H) 794

SURINDER GUPTA
Rohtash Singh – Appellant
Versus
Sanwal Ram – Respondent


Advocates Appeared:
For the Appellant :Mr. Deepak Girotra, Advocate
For the Respondent:Mr. Amit Jain, Advocate

JUDGMENT :

SURINDER GUPTA, J.

1. This is appeal against the concurrent judgments of the Courts below, whereby suit of the plaintiff-respondent No.1 was decreed as follows:-

“The suit of the plaintiff is hereby decreed with costs to the effect that the suit land was purchased by the plaintiff from defendants No.1 and 2 vide the agreement dated 09.06.1972 and since then he is owner-in-possession thereof. The impugned sale deed bearing No.336 dated 06.06.1988 in favour of defendant No.3 is the result of fraud, misrepresentation, concealment of facts and same is hereby set aside.”

2. On appeal by appellant-defendant No.3 Rohtash, first Appellate Court upheld the decree passed by learned Additional Senior Sub Judge {now re-designated as Additional Civil Judge (Senior Division)}, Mahendergarh.

3. The case of plaintiff Sanwal Ram, in brief, is that defendants No.1 and 2 namely Leela and Smt. Ratni were owners in possession of 1/2 share of plot measuring 19 marlas bearing khasra No.591 khatoni No.7 khewat No.3 situated in village Bhagot @ Baghot, Tehsil and District Mahendergarh, which they agreed to sell to the plaintiff for a sale consideration of Rs.800/- vide Writing dated 09.06.1972 in fav























































































































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