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1997 Supreme(All) 288

S.K.PHAUJDAR
RASHEEDAN – Appellant
Versus
AMAR SINGH – Respondent


Advocates Appeared:
B.D.Mandhyan, K.L.GROVER, Satish Mandhyan,

S. K. PHAUJDAR, J.

The matter was heard on 18-2-97 on the point of admission in presence of the defendant-appellant and the plaintiff-respondents appearing as caveators. The concerned suit was filed by the respondents for setting aside a sale deed and for permanent injunction. It was stated that the sale deed was obtained by in personation and the plaintiffs had not executed it. There was no agreement for sale between the plaintiffs and the defendant. According ly, the prayer for cancellation was made together with an injunction against the defendant to restrain them from disturbing the possession of the plaintiffs.

2. It was the defence case that the plaintiffs had no cause of action as the suit property was sold away to defendant No. 1 by a sale deed dated 21-4-89 which was duly execute by the plaintiffs. The defendant No. 1, from the date of the aforesaid sale became a bhoomidhar with transferable right and was in possession of the suit property by cultivation. The suit was stated to be barred under Section 34 of Specific Relief Act. The suit was also not maintainable under Sec tion 331 of the U. P. Z. A. & L. R. Act. The Munsiff decreed the suit and cancelled the concerned sale
























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