JITAR SINGH Vs. GABAR SINGH NEGI
LAWS(UTN)-2013-1-45
HIGH COURT OF UTTARAKHAND
Decided on January 16,2013

Jitar Singh Appellant
VERSUS
Gabar Singh Negi Respondents

JUDGEMENT

B.S.VERMA, J. - (1.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 19 -5 -2009 passed by the Civil Judge (Junior Division) Haridwar whereby the learned trial Court has decided preliminary Issue No.7 holding that the civil Court has jurisdiction to try the suit as well as the order dated 15 -12 -2010, whereby the revision of the petitioner -defendant, preferred against the order dated 19 -5 -2009, has been dismissed by the revisional Court thereby upholding the order passed under revision.
(2.) BRIEFLY stated the facts giving rise to the present writ petition are that the plaintiff -respondent herein filed a suit for cancellation of sale deed dated 23 -4 -1990, which was registered as Civil Suit No. 424 of 2006, Gabar Singh Negi Vs. Jitar Singh before the trial Court, on the ground that he purchased the land of plot no. 203/3 M. from Atru by way of a sale deed dated 8 -1 -1986, which was duly registered in the office of the Sub Registrar.
(3.) ACCORDING to the plaintiff -respondent during the consolidation operations, the plot no. 203/3 M. had been changed to its new plot number 1038. It was also alleged by the plaintiff that he could not get mutated his name on the basis of sale deed dated 8 -1 -1986 but when he came to know regarding the sale deed of the petitioner -defendant dated 23 -4 -1990, which was executed by Atru in favour of the defendant -petitioner, he moved a mutation application and his mutation application was allowed on 10 -2 -2000. According to the petitioner, the plaintiff -respondent got the knowledge of the sale deed, which was executed by Atru in favour of the defendant in the year 1999 but the suit for cancellation of sale deed was filed in the court on 4 -12 -2006.;


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