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2023 Supreme(P&H) 1731

MANISHA BATRA
Indrawati (Smt. ) (since deceased) through her legal heirs – Appellant
Versus
Virender Singh – Respondent


Advocates appeared:
For the Parties :Mr. Amit Jain Senior, Advocate, Mr. Anupam Mathur, Mr. S.K. Garg Narwana Senior, Advocate, Mr. Vishal Garg Narwana, Mr. Japjit Singh Johal

Judgment

Mrs. Manisha Batra, J.

Aggrieved by the concurrent findings as recorded by the Courts below thereby dismissing the claim of the appellant-plaintiff seeking declaration of relinquishment deed dated 25.05.2000 (Ex.P1/D2) as illegal, null and void, the appellant who is now dead and represented by legal representatives, had preferred the instant appeal.

2. Shorn of unnecessary details, the facts of the case are that the plaintiff was owner in possession of the agricultural land mentioned in detail in para No.1 of the plaint (hereinafter to be mentioned as “disputed land”). Since she being a married person, was residing in her matrimonial house at Village Kakroi, District Sonepat and the disputed land was existing at her native place, therefore, she had given the same to the defendant who was her first cousin for cultivation on payment of batai tihai (1/3rd proceeds of the crop). Subsequently, the defendant asked her to execute some document thereby authorizing him to continue cultivating the disputed land on batai tihai and acceeding to his request, she had gone with him to Tehsil Office, Bahadurgarh on 25.05.2000 to execute a document in this regard where by playing fraud upon

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