1993 (9) TMI 370

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....dge, Ferozepore, decreed on September 8, 1983. On appeal, the Additional District Judge in Civil Appeal No. 161/83 allowed the appeal and dismissed the suit on February 12, 1986. The High Court of Punjab & Haryana in R.S.A. No. 758/86 dismissed in limine. 2. The admitted facts are that the appellant possessed of 90 kanals 7 marlas of land scattered at different places in the Village Malikzada. The first respondent had agreed to exchange those lands with his land in an extent of 90 kanals 12 marlas and for the excess 5 marlas, the appellant had paid the money. It transpired later on that the first respondent had defective title of his lands since he had purchased from Kartar Kaur and her two minor sons. The minor sons filed a civil suit a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... into possession only as a tenant and based on the entry of the Patwari in that behalf, without any further evidence, concluded that the appellant was only a tenant. The question, on these admitted facts, is whether the appellant is in possession of the plaint scheduled lands on exchange as a consequence of compensating him for the loss of 52 kanals 10 marlas. 3. Section 119 of the Transfer of Property Act. 1882 (for short 'The Act') envisages that if any party to an exchange... is by reason of any defect in title of the other party deprived of the thing or any part of the thing received by him in exchange, then, unless a contrary intention appears from the terms of the exchange, such other party is liable to him... for the retur....