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SECTION _________
Section :
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Section : ___
11. Vehicle Number (in case of Motor Accident Claim matters) : N.A.
Date :
Versus
BRANCH OFFICER
New Delhi
Dated :
IN THE SUPREME COURT OF INDIA
[S.C.R. ORDER-XXI RULE 3(1)(a)
(CIVIL APPELLATE JURISDICTION)
SPECIAL LEAVE PETITION
(UNDER ARTICLES 136 OF THE CONSTITUTION OF INDIA)
IN THE MATTER OF :
Versus
WITH
(P A P E R - B O O K)
6. Annexure-P-1:
A copy of order of Trial Court dated
11.03.2011 passed by Addl.
Civil Judge (Jr. Divn.), Kurukshetra
in Civil Suit No. 177 of 2009
7. Annexure-P-2:
A copy of order dated 02.09.2013
passed by Additional District Judge,
Kurukshetra in Civil Appeal No. 81 of 2011
8. I.A. No of 2014
Application for Condonation of delay in
filing Special Leave Petition
SYNOPSIS/ LIST OF DATES
his name.
18.2.1986.
26.02.2004 & That the petitioner herein filed suit no. 177 of
(Page to )
Versus
To,
2. QUESTIONS OF LAW:
4537 of 2013.
5. GROUNDS:
Hon’ble Court.
be set aside.
(ii) That the facts and circumstances have been set out
present grounds.
(iii) That the petitioner has a good prima facie case and
petitioner.
for are granted and the petitioner (s) will suffer grave
7. MAIN PRAYER:
IN THE MATTER OF :
CERTIFICATE
the S.L.P.
Versus
AFFIDAVIT
DEPONENT
VERIFICATION: -
Verified at New Delhi on this day of October 2014, I
the above named deponent, do hereby verify that the contents of
the above affidavit are true and correct to the best of my
knowledge & belief. No part of it is false and nothing material has
been concealed therefrom.
DEPONENT
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
In
IN THE MATTER OF :
Versus
To
Petitioner above-named;
application.
on 09.05.2014.
4537 of 2013;
Filed on: -
Kurukshetra
Kurukshetra.
…Plaintiff
Versus
District Ambala.
…Defendants
JUDGMENT
manner.
being the father of plaintiff and defendant no.1, was the Karta
that in the year 1972, when the defendant no.1 was the
minor, whose date of birth is 09.08.1956, then defendant
jamabandi for the ear 1965-66, vide registered sale deed no.
4506/3362(1-3);
year 1995-96.
no.2 has now sold the land measuring 12 kanal out of suit
dated 30.03.2001 and this sale is illegal, null and void and
not binding upon the rights of plaintiff because that sale deed
has been paid to the plaintiff out of sale price of land whereas
No. 777 dated 30.1.2001 and this sale deed has also changed
decreed.
stopped from filing of the present suit by his own act and
plaintiff ahs concealed the true and material facts from this
Court; plaintiff has not affixed proper court fee and the
the plaintiff at the time of sale in question and even there was
defendants.
suppressed the true and material facts and the true facts are
that the defendant no.1 sold the land measuring 12 kanal tot
eh answering defendant for a valuable consideration of Rs.
3,00,000/-. The sale deed was got scribed and was explained
26.07.2010:-
OPP.
suit? OPD.
jurisdiction? OPD.
9. Relief.
190/2001.
Court in case titled Dr. Ashok Goyal Vs. Arya Mitter, erc. Ex.
for the year 1995-95, Ex.D6 is copy of jamabandi for the year
11. I have heard the learned counsel for the plaintiff as well
are as under:-
ISSUES NO.1 TO 3:-
The onus to prove these issues was upon the plaintiff and he
illegal null and void because suit land was the coparcnary
Marla.
against each other and the suit land was Joint Property of all
Joint Hindu Family funds and when this land was purchased
defendant no.2 has filed a civil suit no. 110 of 2010. Ex. P6 in
no.3 of the plaint of this case was the property of Joint Hindu
further from claiming that suit property was the self acquire
the consent of the plaintiff and not even a single pie has been
joint land and the sale could not be interfered by the plaintiff
effected in the year 1970, the cash amount lying with the
which came into the share of defendant no.1 the suit land
being the joint property even than the sale deed in favour of
not prove that suit property was not the self acquired
no.2 has not appeared to prove the copy of plaint ex. P6.
dismissed.
entitled for decree for declaration to the effect that the sale
that in the suit the copy of which is Ex.P6 defendant no.3 has
not been made party and initially he had not mentioned the
fact in the plaint that there was no legal necessity to sell the
plaintiff.
authority cited (supra) but the law laid down therein, with
authority cited (supra) but the law laid down therein, with
suit the land in the year 1972 the defendant no.1 was of 16
that when the defendant no.2 filed a suit and the copy of
of the suit property and he cannot say that same was self
decree for declaration to the effect that sale deed no. 893/1
defendant no. and 2 because they have not paid the plaintiff
ay share out of the sale process and only due to this reason,
owner of the land this is why there was no need for defendant
no.1 and 2 have not led their oral and documentary evidence
prevent the execution of sale deed qua suit property had the
the sale deed no. 1217 dated 14.6.197, the defendant no.1
and that sale deed was also challenged by plaintiff side civil
suit no.133 of 2008 and that suit has already been dismissed
again the claim of the plaintiff in this case for share of 1/3 rd
in favour of defendants.
ISSUES NO.4 TO 8
23. The onus to prove all these issues was upon defendants
and they were required to prove that the present suit is not
filling the present suit; plaintiff has concealed true facts from
the court and suit of plaintiff has not property valued for the
these issues. Hence, all these issues are decided against the
defendants.
RELIEF:-
the net result is that the suit of the plaintiff fails and the
Kurukshetra 11.03.2011.
Note: All the pages of this judgment have been checked and
signed by me.
Sd/-
(Narender Pal)
Kurukshetra 11.03.2011.
// TRUE COPY //
ANNEXURE P-2
Kurukshetra
Computer ID No.060400009482011
District Kurukshetra
…Plaintiff-appellant
Versus
Ambala;
Kurukshetra.
…….Defendants-respondents
Civil Appeal under section 96 of the Code of
been dismissed.
JUDGMENT:
No.1 was the Karta of the Joint Hindu Family. The plaintiff
Ambala. In the year 1972 when the defendant No.1 was the
without legal necessity. The said sale deed is illegal, null and
rights of the plaintiff. The said sale deed was neither executed
from the said sale price of the land. The plaintiff is entitled to
Rs.28,005/- and the income from the land which had fallen
The sale deed was got scribed and was explained to the
parties and the witnesses concerned and they after
court:-
OPD
9. Relief.
Family and they are coparceners against each other and suit
defendant No.1 with the help of joint funds of the Joint Hindu
proved on file that the suit land was purchased out of joint
defendant No.1 was from the funds of Joint Hindu Family but
made the assertion that property was purchased with the aid
16. Further the defendant No.3 has come with the plea
Even the plaintiff has admitted that they are living separately.
His father was living with his brother for the last 7-8 years.
can claim that he along with his brother and father form
seen that the defendant No.1 was sole owner of the land
conclusion that plaintiff has not been able to prove that land
accordance with the law and does not call for interference in
prepared accordingly.
Announced in open court;
Kurukshetra
Kurukshetra/2.9.2013
// TRUE COPY //
428. Period of detention undergone by the accused to be set
the date of such conviction, shall be set off against the term
HARYANA AT CHANDIGARH.
MEMO OF PARTIES
Kurukshetra.
…..Appellant
Versus
District Ambala.
….Respondents
Advocates
HARYANA AT CHANDIGARH.
Decided on 28.4.2014
Vs.
father of the plaintiff and defendant No.1 did not step into the
of HUF.
Judge
// TRUE COPY //