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2018 Supreme(P&H) 1463

ANIL KSHETARPAL
Rajwati – Appellant
Versus
Sukhi – Respondent


Advocates Appeared:
Mr. Johan Kumar, Adv.
Mr. S.K.Chauhan, Adv.

JUDGMENT :

ANIL KSHETARPAL, J.

This judgment shall dispose of Regular Second Appeal No.959 of 2016 and cross-objection No.2-C-2017, filed by the plaintiffs-appellants and defendants-cross-objectors.

2. In the considered opinion of this court, following substantial question of law arise:-

(i) Whether a person who subsequently acquires absolute title can be permitted to challenge the lease deed for a period of 99 years executed by him on the ground that on the day, he executed the lease deed, he was not competent to execute?

(ii) Whether an executant of the document/deed/instrument can be permitted to challenge the same on the ground that he was not competent to execute?

(iii) Whether a suit for a mere declaration and permanent injunction is maintainable when plaintiffs is/are entitled to further relief of possession but do not seek the further relief?

3. Certain facts would be necessary to understand the controversy involved.

4. Gajender etc. including Bhudutt, Ramkali, Deep Chand and Rameshwari were “Dholidars” on agriculture land situated in village Solda Tehsil and District Palwal. Dholi is a tenure of a particular kind. Normally it is a rent free grant given by the proprietors to the pe




































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