- (1.) Cm-13208-C-2011 For the reasons stated in the application which is duly supported by an affidavit, the application is allowed and the documents i.e. certificate of encumbrancers with regard to the property in question for the period 06.03.1983 upto 05.03.1995 and for the period 06.03.1983 upto 31.03.1997 are taken on record subject to all just exceptions.
(2.) Cm stands disposed of. RSA-1121-2011 The appellant-defendant No.2 is aggrieved of the concurrent findings of fact, whereby the suit for declaration with consequential relief of mandatory injunction and permanent injunction qua possession and creation third party right/alienation has been decreed.
(3.) Mr. G.S. Bhatia, learned counsel appearing on behalf of the appellant-defendant No.2 submits that defendant No.2 purchased the property in dispute vide sale deed dated 05.08.1994 after inspecting the revenue record i.e. jamabandi (Ex.PW5/6), whereas the mutation in favour of the erstwhile owner-Baljit Kaur-defendant No.1 had been entered into and therefore, the Courts below ought to have granted the protection/benefit of Section 41 of the Transfer of Property Act. Baljit Kaur vide sale deed dated 01.03.1994 had purchased the property from Joginder Kaur-plaintiff.;