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2025 Supreme(Online)(P&H) 432

HIGH COURT OF PUNJAB AND HARYANA
NU-TECH DAIRY ENGINEER (P) LTD. – Appellant
Versus
SUKHWINDER KUMAR AND ORS. – Respondent


Judgment
Mrs. Alka Sarin, J.:- The present regular second appeal has been preferred by the plaintiff-appellants challenging the concurrent findings returned by both the Courts concerned.
2. Brief facts relevant to the present lis are that the plaintiff-appellants herein filed a suit for damages and compensation on account of malicious prosecution alleged to have been launched by the defendant-respondents. It was averred in the plaint that one Jagbir was the brother of the plaintiff-appellant No.1 and uncle of the plaintiff-appellants No.2 to 4, who was a co-sharer in possession of 1/12th share in the total land measuring 355 Kanals 13 Marlas Bakadar 29 Kanals 13 Marlas situated within the revenue estate of Village Kithwari, Tehsil and District Palwal. The land of Jagbir was looked after by the plaintiff-appellant No.1 as Jagbir was of a weak mind and used to associate with Sadhus etc. The defendant-respondents were aware of the weakness of Jagbir and with a malafide intention confined Jagbir on 31.05.2006. On 15.06.2006 all the defendant-respondents in furtherance of their common intention procured a sale deed of his share on payment of an ostensible sale consideration of Rs. 16,66,













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