DHARAMPAL Vs. NATHU RAM

JUDGEMENT

(1.) THIS order disposes of RSA No.3453 of 2009 (O&M) titled Dharampal vs. Nathu Ram and others, RSA No.1132 of 2010 (O&M) titled Vinod Kumar and others vs. Dharampal and others & RSA No.4867 of 2014 (O&M) titled Girdhar Gopal vs. Vinod Kumar and others as common questions of law and fact are involved therein and the set of appeals can be disposed of by a common judgment. The facts are taken for convenience from RSA No.3453 of 2009.

(2.) MR . Alok Jain, Advocate has veered his arguments to hang on the question whether the vendor Parmod Kumar was son of Om Parkash or Jai Chand. He submits that in the sale deed dated September 29, 1982 (Mark 'A') which was exhibited as a document on the statement of Mr. Jain's clients the vendee Parmod Kumar is recorded as the adopted son of Jai Chand son of Tokh Ram whereas in the subsequent sale deed Ex.P -1 dated July 06, 1993 the vendor is Parmod Kumar son of Om Parkash and this does not bring about any clarity in the judgment of the Lower Appellate Court which was led to a shorter path in doing justice on the three statements made before the Appellate Court whereby Mr. Jain's clients succumbed to agreeing to get the sale deed of 1982 exhibited on record, which means that the mode of proof is bypassed by acceptance of the document itself but not an admission of its contents.

(3.) MR . Jain further disputes and Mr. Gupta agrees that there is some factual error as to dimensions of the suit property as recorded in para.27 of the impugned judgment.