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2019 Supreme(P&H) 1329

AMOL RATTAN SINGH
Krishan Kumar – Appellant
Versus
Mahesh Chander – Respondent


Advocates Appeared:
Raj Kumar Gupta, Adv., P.K. Mutneja, Adv.

JUDGMENT :

Amol Rattan Singh, J.

These two second appeals before this Court eventually arise out of two suits filed by the parties to the lis, against each other. The first suit (from which RSA no.4071 of 2018 arises), was instituted by Krishan Kumar and Mahabir Singh (Krishan Kumar being the appellant in both these two appeals, with Mahabir Singh having been impleaded as a proforma respondent in both of them). Vide that suit Krishan Kumar and Mahabir Singh sought a decree of permanent injunction restraining Mahesh Chander (respondent in these appeals), from interfering in their possession of the disputed property, further seeking that he be restrained from alienating the property.

2. The 2nd suit, from which RSA no.4190 of 2018 arises, was instituted by Mahesh Chander against the two plaintiffs in the first suit. In his suit, he sought a recovery of Rs.3 lakhs, alongwith interest thereupon, from Krishan Kumar and Mahabir Singh, on the ground that it was part of the sale consideration that had been agreed to be paid for the property, but remain unpaid, in respect of which a sepa

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