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2017 Supreme(P&H) 2789

ANIL KSHETARPAL
Amrik Singh @ Jasbir Singh – Appellant
Versus
Jasvir Singh – Respondent


Advocates:
For the Appellant:Mr. Paramjit Batta, Advocate.

JUDGMENT

Mr. Anil Kshetarpal, J. (Oral).:- Defendant No.5 is in Regular Second Appeal against the concurrent findings of fact arrived at by the Courts below.

2. Plaintiff had filed a suit for rectification of the sale deed dated 24.04.1973 asserting that his father name has been wrongly mentioned as Gurdev Singh whereas his actual and correct name is Baldev Singh.

3. On the other hand, defendant who is cousin of the plaintiff pleaded that he is also known as Amrik Singh @ Jasvir Singh and he is son of Gurdev Singh, therefore, he is actual purchaser.

4. Learned trial Court after appreciating the evidence available on the file decreed the suit filed by the plaintiff. The Court noticed that defendant No.5-appellant has failed to produce any evidence on record to prove that he is known by two names namely Amrik Singh and Jasvir Singh.

5. First appeal was preferred. Learned First Appellate Court after re-appreciating the evidence available on the file upheld the findings of fact arrived at by the trial Court.

6. Learned counsel for the appellant has argued that the suit was barred by limitation as plaintiff had filed a suit for rectification after a period of 38 years, therefore, the Cou









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