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2018 Supreme(P&H) 2445

AJAY TEWARI
Gulzar Singh – Appellant
Versus
Tarsem Lal – Respondent


Advocates:
Mr. Munish Gupta, Advocate for the appellant.

JUDGMENT

Mr. Ajay Tewari, J.: (Oral)- This appeal has been filed against the judgment of the lower appellate court reversing that of the trial court and thereby allowing an appeal filed by the respondents.

2. The respondent No.1 had filed a suit for declaration that he was an exclusive owner in possession of 1 kanal 10 marlas of land which he had purchased from the original owner. As per the respondent No.1, after the registration of sale deed he entered into possession but inadvertently could not get the land mutated in his name and taking advantage of that the original owner had sold the land to the present appellant but this would not affect his right. The appellant took up three pleas. First plea of the appellant was that he was a bonafide purchaser, the second plea was that the suit was barred by limitation and the third plea was that once the case of respondent No.1 was that he had purchased the share out of the joint land and therefore co-sharers in the joint khata had to be impleaded and the respondent No.1 could not claim that he was an exclusive owner of any land measuring 1 kanal 10 marlas. The trial court held that the appellant was a bonafide purchaser and also held tha






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