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1981 Supreme(All) 398

V.K.MEHROTRA
MEHDI HASAN – Appellant
Versus
RAM KER – Respondent


Advocates Appeared:
G.P.BHARGAWA, M.P.SINGH, S.A.Ansari

V. K. MEHROTRA, J.

( 1 ) THIS is a plaintiffs second appeal who has lost in both the courts below.

( 2 ) PLAINTIFF Mehdi Hasan brought a suit for cancellation of a sale deed dated May 13, 1966 by which one Smt. Khatibunnisa transferred plots Nos. 226-Ka and 226-Kha with a total area of 1. 451 acres to defendant-respondent Ram Ker for a sum of Rs. 2500/ -. The case of the plaintiff was that Khatibunnisa was the widow of his brother Abbas. The share of Abbas in the property was inherited by the widow. The widow brought a suit in the year 1960 (being suit No. 183 of 1960) against the plaintiff for an injunction restraining him from interfering with her possession in the share in the plots inherited by her as a widow. On July, 18, 1960 according to the plaintiff, a compromise was entered into between the widow and himself under which the widow accepted the stipulation of having life interest alone in the share inherited by her in lieu of payment of some amount. This compromise is Exhibit 2 on the record. Later, during proceedings under the u. P. Consolidation of Holdings Act. the parties again entered into a copromise on February 13, 1962 while the matter was pending before the Consoli

































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