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2023 Supreme(P&H) 1657

NAMIT KUMAR
Satwanti – Appellant
Versus
Jal Kaur – Respondent


Advocates appeared:
For the Parties : Mr. R.K. Barman

Judgment

Mr. Namit Kumar, J.

This regular second appeal is directed against the judgment and decree dated 18.01.2019 passed by Additional Civil Judge (Senior Division), Bahadurgarh, whereby suit for declaration filed by plaintiff-Jal Kaur (since deceased) was decreed as well as against the judgment and decree dated 11.08.2023 passed by Additional District Judge, Jhajjar, whereby appeal filed by the appellant-defendant against the judgment and decree dated 18.01.2019, has been dismissed.

2. For convenience sake, reference to parties is being made as per their status in the civil suit. The brief facts of the case are that plaintiff filed suit for decree of declaration with consequential relief of permanent injunction pleading therein that defendant was owner in possession of total land measuring 6 Kanal 7 Marla out of the land of Khewat Nos. 249 & 300, situated within the revenue estate of village Jassaur-Kheri, Tehsil Bahadugarh, District Jhajjar. Defendant approached plaintiff to obtain loan of Rs.18,00,000/- against the surety of the land owned and possessed by her. The loan was granted on 23.12.2012 and mortgage deed No. 7308 dated 23.11.2012 was executed and registered. The loan am

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