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2016 Supreme(MP) 74

ROHIT ARYA
Rais Khan – Appellant
Versus
Pradeep – Respondent


Advocates:
D. D. Bansal for petitioners.

ORDER

1. This writ petition under Article 227 of the Constitution of India is directed against the order dated 19.1.2016 passed in Civil Suit No.33-A/2015 by the trial Court dismissing an application filed by the defendants' No.1 and 2 under sections 45 and 73 of the Evidence Act (hereinafter referred to as 'the Act').

2. A suit for declaration and injunction is pending consideration before the trial Court wherein the relief sought is to the effect that the suit land admeasuring 0.690 hectare falling in survey No.142 situated in village Raosar (Khalsa) District Ashok Nagar is of the ownership and possession of the plaintiffs' and defendant No.3 with further declaration that the sale deed dated 3.8.1991 alleged to have been executed in favour of the defendants No.1 (by late Govinda also known as Govindi) and thereafter in favour of defendant No.2 be declared null and void as against the plaintiffs' and the revenue record corrected on that basis be declared illegal as well as sought the relief of permanent injunction restraining defendants not to interfere with the possession of the plaintiffs' over the suit land.

3. Defendants' No.1 and 2 have filed an application under sections 45 an













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