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Himachal Pradesh High Court

Madan Mohan & Ors. vs . Kuldeep Singh & Ors. on 27 April, 2022

Author: Chander Bhusan Barowalia

Bench: Chander Bhusan Barowalia

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Madan Mohan & ors. vs. Kuldeep Singh & Ors.

A 27.4.2022 Present: Mr. Sanjeev Kuthiala, Sr. Advocate with Ms. Garima Kuthiala, Advocate, for the appellants. Mr. Sanket Sankhyan, Advocate, for respondents No.1, 2, 10 and LRs of respondent No.11.

Admit on the following substantial questions of law : r

1. Whether the learned Courts below have misread and mis-appreciated the pleadings of the parties, as also the evidence on record, both oral and documentary and whether on account of such misreading and mis- apprerciation of the pleadings as also the documents on record, the findings of the courts below are vitiated and deserve to be quashed and set aside and the same are perverse ?

2. Whether without pleading and proof of the subsequent purchaser being bonafide purchaser, during the subsistence of a valid agreement to sell as also the registered sale deeds and without pleading and proving the subsequent purchase to be a bonafide purchase, the subsequent sale deeds could be held to be valid and whether the findings to this effect are sustainable in law ?

3. Whether on the basis of registered sale deeds, the purchaser was entitled to the relief of injunction qua such land so purchased and whether denial of such relief by the court below is proper and sustainable in law ?

4. Whether on the ingredients of adverse possession being pleaded and proved, the findings with respect to the ownership by way of efflux of time were necessitated and whether the conclusion to the contrary by the courts below are sustainable in law ?

Mr. Sanket Sankhayan, Advocate, waives service of post admission notice on behalf of respondents No.1, 2, 10 and LRs of respondent No.11. Issue post admission notice to the remaining respondents returnable within four weeks, on taking steps within three days.

( Chander Bhusan Barowalia ) Judge 27th April, 2022 (CS) ::: Downloaded on - 27/04/2022 20:09:57 :::CIS