High Court of Punjab and Haryana, Chandigarh
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DARSHAN SINGH v. HARPAL SINGH & Anr - RSA-2484-2002  RD-P&H 41 (6 January 2006)
REGULAR SECOND APPEAL NO. 2484 of 2002
DATE OF DECISION: January 24, 2006.
Harpal Singh and another
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. M.K.Garg,
Advocate, for the appellant.
Appellant and also respondent No. 1 filed two separate suits with a prayer that they be declared owners in possession of the property in dispute. Both of them placed reliance upon sale deeds one dated August 28, 1995 in favour of the appellant, and another dated April 3, 1995 in favour of respondent No. 1. Suit filed by the appellant was dismissed, whereas suit filed by respondent No. 1 was decreed and it was held that the sale deed in favour of respondent No. 1 is valid being prior in time and after execution of the said sale deed, no right was left with the previous owner to execute second one in favour of the appellant on August 28, 1995. Appellant filed two appeals. Both were dismissed.
Hence this Regular Second Appeal.
Both the Courts below have found it as a matter of fact that the sale deed in favour of respondent No. 1 was proved on record and thereafter no right or title was left with the owner, namely, Sewa Singh to transfer that very land in favour of the appellant. This Court feels that the judgments passed are perfectly justified and need no interference as no substantial question of law has been raised, which may necessitate the same. Dismissed.
January 24, 2006. ( Jasbir Singh )
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