PAL SINGH Vs. JOGINDER KAUR AND ANOTHER

JUDGEMENT

(1.) Cm-13208-C-2011

(2.) Cm stands disposed of.

(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.