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2018 Supreme(P&H) 4610

ANIL KSHETARPAL
Prem (deceased) – Appellant
Versus
Smt. Umavati – Respondent


Advocates Appeared:
S.K. Garg Narwana, Sr. Advocate with Mr. Nitin Sachdeva, Advocate, for the Appellants; Sanjiv Kumar Aggarwal, Advocate, for the Cross-Objectors/Respondents

JUDGMENT

Anil Kshetarpal, J. (Oral) - By this judgment, Regular Second Appeal as well as CrossObjection filed therein shall stand disposed of.

2. This appeal has been filed by defendant No.1-Prem through his legal heirs. For convenience, the parties would be referred by their name. Prem executed a registered sale deed with respect to land measuring 17 kanals 11 marlas in favour of Smt. Umavati wife of Zile Singh. There was some typographical error in the aforesaid registered sale deed and hence supplementary deed was executed by Prem on 11.12.1981 acknowledging the first sale deed and giving details of corrected khasra numbers. Subhash son of Prem-defendant No.1, filed a suit for possession by way of superior right of pre-emption. Prem was impleaded as a party-defendant. Prem, defendant-appellant, of course now dead, admitted the execution of the sale deed. The suit filed by Subhash is Ex.PW10/B whereas written statement filed by Prem is Ex.PA/9. However, unfortunately the sale was not incorporated in the revenue record or the revenue record was not updated in accordance with the sale of land, which resulted into this litigation. Prem while taking the advantage of wrong entry, trans

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