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Wednesday, March 10, 2010

Possession--Plaintiff was not delivered possession of land in dispute same being under mortgage at time of sale--Mortgage had not been redeemed

2010(1) LAW HERALD (P&H) 198
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Sham Sunder
R.S.A. No. 2122 of 1993
Tehal Singh & Ors.
v.
Jangir Singh & Ors.
{Decided on 21/08/2009}
For the Appellant: Mr. O.P. Nagpal, Advocate.
For the Respondents: Mr. S.C. Pathela, Advocate.
Specific Relief Act, 1963--Civil Procedure Code, 1908, O.39, R.1 & 2--Injunction--Permanent injunction--Possession--Plaintiff was not delivered possession of land in dispute same being under mortgage at time of sale--Mortgage had not been redeemed--Mortgagees who were in possession of land not summoned at spot at time of allegedly giving possession to plaintiff--Therefore, rapat roznamcha regarding delivery of possession was held to be fabricated documents--Plaintiffs were not entitled to injunction. (P. 12 & 13)
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