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1989 Supreme(MP) 34

P.C.PATHAK
Hindu Singh – Appellant
Versus
Ram Singh – Respondent


Advocates Appeared:
D. M. Shah for appellant.

JUDGMENT

Pathak, J.

1. This is a plaintiff's appeal under section 100 of the Code of Civil Procedure having lost in both the Courts below.

2. On 18-2-1969, the plaintiff filed a suit for declaration and permanent injunction alleging that, on 23-4-1963, the suit lands detailed in para 1 were sold to him on a consideration of Rs. 2,200/- and delivered possession thereof and executed agreement, Ex. P-1, to evidence the same. Despite this, defendants No.3 to 7 executed a registered sale-deed dated 10-1-1969 (Ex. D-1) in favour of defendants 1 and 2 which was without consideration. It was alleged that the sale-deed was obtained by defendants 1 and 2 by fraud and after administering liquor to defendant No.3. Armed with that sale-deed, defendants No. l and 2 are trying to interfere with his possession and harvest the standing crop. Hence he prayed for declaration that the sale deed (Ex. D-l) is illegal and not binding on him and for permanent injunction restraining defendants No. 1 and 2 from interfering with his possession.

3. Defendants 1 and 2 alone contested the suit, while others remained ex-parte. They denied that the plaintiff has no right to challenge the sale deed in their favour or





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