R.S.A. No. 2523 of 1989 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

R.S.A. No. 2523 of 1989 (O&M)

Date of decision: 24.02.2009

Chhota Singh

....Appellant

Versus

Bikkar Singh and others

....Respondents

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present:

Mr. B.S. Bhalla, Advocate,

for the appellant.

Mr. V. K. Kataria, Advocate,

for respondent No. 1.

*****

VINOD K. SHARMA, J

The appellant/defendant has challenged the judgment and

decree dated 15.1.1987 and 18.8.1989 passed by the learned Courts

below decreeing the suit filed by the plaintiff/respondent for permanent

injunction restraining the defendant/appellant from interfering with the

possession of the plaintiff of agricultural land situated in village Bhag

Thala Kalan Tehsil Faridkot.

The plaintiff/respondent brought a suit for permanent

injunction on the pleadings that Chhota Singh defendant No. 1 executed

following agreements: -

1.

Agreement to mortgage with possession dated 6.6.1969

R.S.A. No. 2523 of 1989 (O&M)

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for a sum of Rs.1,500/- (Rupees one thousand five

hundred only) advance received, and it was agreed that

the mortgage deed was to be executed on 15.7.1969.

2.

The agreement t