1993 (9) TMI 370

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..... 1. This appeal by special leave is at the behest of the plaintiff Jattu Ram. He laid a suit for declaration that Hakam Singh, the first respondent, had delivered possession of the plaint scheduled property in exchange and for consequential orders. In Case No. 253-1 of 1981 by Addl. Senior Sub-Judge, Ferozepore, decreed on September 8, 1983. On appeal, the Additional District Judge in Civil App .....

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..... onsequently on demand made by the minors, the appellant had to surrender 52 kanals 10 marlas of land to the minor sons of Kartar Kaur. As compensation thereof, the first respondent delivered 47 kanals 1 marla of land and promised to pay compensation for the balance loss of land and also promised to get mutation affected in the revenue records. Thereafter, when the first respondent started alienati .....

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..... (as a result of exchange), but however, it proceeded on the premise posing a question in the beginning of the consideration whether the appellant came into possession only as a tenant and based on the entry of the Patwari in that behalf, without any further evidence, concluded that the appellant was only a tenant. The question, on these admitted facts, is whether the appellant is in possession of .....

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..... ppellant. The appellant was deprived of that property and the first respondent is liable to return to the appellant to the extent of 52 kanals 10 marlas. Obviously, in furtherance of the oral understanding the appellant came in possession of 47 kanals 1 marla in exchange. The entry in column 9 thus fortifies the stand of the appellant. The sole entry on which the appellate court placed implicit re .....

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..... as a tenant-at-will and is a deliberate, desperate and false plea set up by him, which unfortunately found favour with the appellate court and the High Court paid no attention to go into the crucial question and dismissed the appeal as usual, in limine. The contention of Sri Ujagar Singh, the learned Senior counsel that the appellant's sons purchased 8 kanals of land from his client was a ste .....

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