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1980 Supreme(All) 544

K.C.AGRAWAL
MAHABIR SINGH – Appellant
Versus
ILAM KAUR – Respondent


K. C. AGRAWAL, J.

This is a defendants revision filed against an order dated 19th March, 1980, of the Civil Judge, Muzaffarnagar, deciding the preliminary issue of jurisdiction against the defendants.

The necessary facts are these. Suit No. 122 of 75 was originally filed by Ram Sharan for cancellation of the two gift deeds dated 11th November, 1974 which had been executed in favour of the defendants. The plaintiff Ram Sharan alleged that he was an old man and was blind. The defendants took him outside the village and got his thumb impressions on various papers. Subsequently, he came to know that the defendants had got the sale deed executed from him in their favour in respect of agricultural land, hence, he filed the suit for the cancellation of the gift deed and also for injunction restraining the defendants from interfering with his possession.

During the pendency of the suit, plaintiff Ram Sharan died. Upon his death, Smt. Ilam Kaur who was the daughter of the deceased got herself sub stituted on the basis of the Will executed by Ram Sharan of the disputed land and other properties on 3-2-1975.

The defendants contested the suit on various grounds. One of the grounds taken was tha


















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