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2018 Supreme(P&H) 1837

SURINDER GUPTA
Kashmir Puri – Appellant
Versus
Peerdiya – Respondent


Advocates Appeared:
For the Appellant : Avnish Mittal
For the Respondent: Nitin Jain, Sushil Jain

JUDGMENT :

Surinder Gupta, J.

This is appeal by Kashmir Puri against judgment and decree passed by Additional District Judge, Panchkula whereby suit of plaintiff for possession of H. No. 631 Sector 19, Panchkula was dismissed and the decree in favour of plaintiff-appellant passed by Civil Judge (Sr. Division), Panchkula was set aside.

2. Case of plaintiff, in brief, is that being original allottee he is owner of plot no. 631 Sector 19, Panchkula. He had executed general power of attorney in favour of defendant on 29.10.1987 and had also executed an affidavit in his favour. The defendant in collusion and in connivance with the petition writer and witnesses obtained signatures of plaintiff on some blank as well as written papers and using those documents he manipulated an agreement to sell in his favour. Plaintiff denied that he had ever executed any agreement to sell in favour of defendant or received earnest money as per agreement, which he termed as false, frivolous, forged, fabricated and manipulated document. He alleged that installments of plot were deposited by him in the office of Estate Officer, HUDA, Panchkula and construction of the house was also raised over the plot by spen














































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