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Himachal Pradesh High Court

Sanjeev Kumar vs . Suman Jain & Others. on 9 October, 2023

Sanjeev Kumar Vs. Suman Jain & others.

RSA No. 315 of 2022 .

09.10.2023 Present: Mr. Y.P. Sood, Advocate, for the appellant.

Mr. Deepak Bhasin, Senior Advocate, with Mr. Sambhav Bhasin, Advocate, for respondent No.1.

of Mr. Narender Sharma, Advocate, for the respondent No.2.

Ms. Ranjana Thakur, Advocate vice Mr. Sanjay rt Sharma, Advocate for respondent No.3.

Heard.

Admit on the following substantial questions of law:-

1. Whether the plaintiff being a third party to the sale executed between defendants No.1 and 2 could have assailed it on the ground of fraud and misrepresentation?

2. Whether the plaintiff could have sought a negative declaration regarding status of the defendants instead of a declaration regarding her title?

3. Whether both the learned Courts below have properly interpreted the Sale Deed dated 21.03.1972 to h0ld that roof and terrace rights were also alienated vide Sale Deed?

List for hearing in due Course.

Keeping in view the fact that the appeal has .

been admitted and its disposal is likely to take time, therefore, parties are directed to maintain status quo qua the title till the disposal of the main appeal.

                                 of
                                          (Rakesh Kainthla)
               rt                               Judge

    October 09 2023

         (ravinder)








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