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2018 Supreme(P&H) 4788

RAJ MOHAN SINGH
Jaswinder Kaur – Appellant
Versus
Jatinder Singh – Respondent


Advocates Appeared:
Alok Mittal, Advocate, for the Appellant; Mr. Kuldip Sanwal, Advocate, for the Caveator/respondent

JUDGMENT

Raj Mohan Singh, J. - Plaintiff is in Regular Second Appeal against the judgments and decrees passed by the Courts below in a suit for declaration and permanent injunction.

2. Brief facts are that the plaintiff/appellant filed a suit for declaration and permanent injunction wherein she challenged the registered sale deed dated 09.10.2002 executed by her in favour of her son Jatinder Singh in respect of House No.5-B, Dashmesh Nagar, Tripuri Saidan, Patiala. The said sale deed was challenged on the basis of fraud and misrepresentation and the same was claimed to be fraudulent and without consideration. Permanent injunction was also sought seeking to restrain the defendant from interfering in the possession of the plaintiff over the suit property.

3. It was alleged that the plaintiffs had two sons and two daughters. Her husband Baljinder Singh had died. Defendant is elder son of the plaintiff. Younger son of the plaintiff was living separately. Daughter of the plaintiff is a divorcee and she was living with the plaintiff along with her daughter. The suit property was purchased by husband of the plaintiff after taking loan and thereafter the plaintiff and her husband got the ho

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