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2010 Supreme(All) 454

RAKESJH SHARMA
HODIL SINGH – Appellant
Versus
BHAGWANT SINGH – Respondent


Advocates Appeared:
A.T.Kulshrestha, Anil Kumar Aditya, MANISH CHANDRA TIWARI,

RAKESH SHARMA, J.

( 1 ) HEARD Sri Anil Kumar Aditya, learned counsel for the appellants and Sri Manish Chandra Tiwari, holding brief of Sri AT. Kulsreshtha, learned counsel for the respondents as well as perused the materials on record, including the judgments of the Courts below.

( 2 ) THIS Second Appeal has been preferred against the judgment and decree dated 21. 11. 2009, passed by the Additional District Judge, Court No. 12, Aligarh, in Civil Appeal No. 130 of 2004, Bhagwant Singh v. Holdil Singh, allowing the appeal preferred by respondent No. 1 by which the judgment and decree dated 22. 5. 2004, passed by the Trial Court has been set aside.

( 3 ) IT emerges from the record that an agreement to sell (a lease deed as alleged by the appellant) was executed by one Hodil Singh, now represented through his legal heirs and legal representatives, on 27. 4. 1994 for selling of his bhumidhari agricultural land measuring 8 Bigha 13 Biswa and 15 Biswansi, situate in Village Bajrangpur, Majra Vijay Garh, Pargana Akrabad, Tehsil Sikandra Rao, now Tehsil Koil, District Aligarh. The said deed was duly registered in the office of the Sub Registrar Sikandra Rao, District Aligarh. Lateron, two S

















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