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Additional Document of Dayal Singh

This document is an application filed in the Supreme Court of India seeking to introduce additional documents as evidence. It summarizes a property dispute over land measuring Khasra No. 602/1. The key details are: 1) The property was originally jointly owned but was partitioned, with portion 602/1 going to Ram Swarup. 2) Ram Swarup then mortgaged the property to Ram Rakha, which the petitioners later redeemed by paying Rs. 509.96. 3) The petitioners now seek to introduce documents showing the current market value of the property as Rs. 2.5 crore, and their application seeking recall of the execution

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446 views6 pages

Additional Document of Dayal Singh

This document is an application filed in the Supreme Court of India seeking to introduce additional documents as evidence. It summarizes a property dispute over land measuring Khasra No. 602/1. The key details are: 1) The property was originally jointly owned but was partitioned, with portion 602/1 going to Ram Swarup. 2) Ram Swarup then mortgaged the property to Ram Rakha, which the petitioners later redeemed by paying Rs. 509.96. 3) The petitioners now seek to introduce documents showing the current market value of the property as Rs. 2.5 crore, and their application seeking recall of the execution

Uploaded by

shivendugaur
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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IN THE SUPREME COURT OF INDIA

(CIVIL APPELLATE JURISDICTION)


I.A. No. of 2014
IN
SPECIAL LEAVE PETITION (CIVIL) NO. 29219 OF 2014

IN THE MATTER OF :

Dayal Singh and Another …..Petitioners

Versus

Smt. Bhinder Kaur … Respondent

INDEX

Sl.No. Particulars. Pages.

1. Application for filing of Additional


Document with affidavit

2. ANNEXURE AD-1
Copy of Valuation Certificate

3. ANNEXURE AD-2
Copy of Application for recall of warrant of
possession issued by the executing court

NEW DELHI. FILED BY:

FILED ON: .11.2014

(AJAY KUMAR SINGH)


ADVOCATE FOR THE PETITIONER.
IN THE SUPREME COURT OF INDIA
(CIVIL APPELLATE JURISDICTION)
I.A. No. of 2014
IN
SPECIAL LEAVE PETITION (CIVIL) NO. 29219 OF 2014

IN THE MATTER OF :

Dayal Singh and Another …..Petitioners

Versus

Smt. Bhinder Kaur … Respondent

APPLICATION FOR FILING OF ADDITIONAL


DOCUMENT

To
The Hon’ble Chief Justice of India

And His Companion Justices of the

Hon’ble Supreme Court of India.

The humble petition of the

Petitioners above-named;

MOST RESPECTFULLY SHOWETH :

1. That the petitioner herein has filed the Special Leave Petition

(Civil) No. 29219 of 2014 in this Hon’ble Court against the

order dated 12.08.2014 passed by the Hon'ble High Court of

Himachal Pradesh at Shimla in Civil Revision No. 78 of 2012

and the contents there of may kindly be read and treated as

part of this Application also.

2. That the said instant Special Leave Petition was listed on

10.11.2014 in Court No-10 item No-43 before a bench presided


by Mr. Justice M.Y. Eabal, J, & Mr. Justice Shiva Kirti Singh,

J. and during course of hearing of the matter, It was found

necessary to produce certain documents before this Hon’ble

Court and the same was allowed by the Hon’ble Court.

3. That it is Pertinent to mention have that there is no separate

mortgage deed in this case, albeit, the mortgage of the property

vide Khasra No-602/1was done by way of order dated

21/09/1967 passed by the Collector after depositing the

mortgage money of Ram Swarup to Mr. Ram Rakha for

redeeming the entire joint property i.e. Khasra No. 602/1,

602/2 and 602/3 which has already been redeemed in favour

of Petitioners herein. It is further submitted that it is clearly

mentioned in the order dated 21/9/67 that there was partition

in the family of petitioners and the property vide Khasra No-

602/1 was fall in the share of Mr. Ram Swarup and after

payment of mortgage money i.e. Rs. 509.96/- to Ram Rakha by

the petitioners, the said property was mortgaged to the

petitioners herein and the possession of the said land was also

handed over to the petitioners herein (Annexure-P-1 of Special

Leave Petition). The relevant portion of the said order is

reproduced herein below:

“This suit land has been divided into three portion

bearing Khasra Nos. 602/2,602/2 and 602/3. Portion

bearing Khasra No. 602/1 has come to the share of

Sarup brother of the petitioners Dayal Singh and

Mohinder. Since the mortgagee does not dispute the

contents of the mortgage deed and the mortgage money,


therefore, the mortgage of the land bearing Khasra No.

602/1, 602/2, and 602/3 is hereby redeemed. That the

mortgagors Dayal and Mohinder are hereby put in

possession of the land bearing Khasra No. 602/2,602/3

being the share of the land bearing Khasra No. 602/2,

602/3 being the share of the land held by them in the

partition. Dayal and Mohinder are also put on possession

of Khasra No. 602/1 in consideration of the mortgage

money Rs.509.96/- given by then to the mortgagee of the

Joint property. Sarup will be entitled to take the

possession of this land from Dayal and Mohinder on a

payment of Rs. 509.96/- either through this court or

other wise. Standing kharif crop will be shared by the

parties as on Batai system.”

4. That it is submitted that the value of the property in question

is at present about Rs. 2,50,03,125/- as valued by the

Tahsildar, Baddi District-Solan, H.P. Annexed and Marked as

ANNEXURE AD-1 (Pages to ) is the true copy of the

valuation Certificate dated 17/11/2014.

5. That the petitioners herein is submitted that the execution

Court has already issued warrant of possession and the

petitioners herein filed application for recall of warrant of

possession issued by the executing court. Annexed and

Marked as ANNEXURE-AD-2 (page to ) is the copy of the

application for recall of warrant of possession.


6. That if the aforesaid document is necessary for the just

adjudication of this matter.

PRAYER

It is, therefore most humbly and respectfully prayed that this

Hon’ble Court may graciously be pleased to:

i) take on record the additional document Annexure AD-1

and AD-2 respectively mentioned in the application and the

same be considered for the purposes of the adjudication of

this matter;

ii) Pass such further order or orders, as this Hon’ble Court

may deem fit and proper in the facts and circumstances of

the case.

NEW DELHI. FILED BY:

FILED ON: .11.2014

(AJAY KUMAR SINGH)


ADVOCATE FOR THE PETITIONER.
IN THE SUPREME COURT OF INDIA

(CIVIL APPELLATE JURISDICTION)


I.A. No. of 2014
IN
SPECIAL LEAVE PETITION (CIVIL) NO. 29219 OF 2014
IN THE MATTER OF :

Dayal Singh and Another …..Petitioners

Versus

Smt. Bhinder Kaur … Respondent

AFFIDAVIT

I, Dayal Singh son of Maghi Ram resident of VPO Bhud,


Pargana Dharampur, Tehsil Baddi, District Solan, Himachal Pradesh
at present at Chandigarh, do hereby solemnly affirm and declare as
under: -

1. That I am the Petitioner of the above mentioned case and am


competent to swear to this affidavit.

2. That I have read the accompanying application for filing of


Additional Documents and understood the contents thereof.
The facts stated there in are true and correct from the record
of the case, which I believe to be true to the best of my
knowledge & belief.

3. That the Annexures are true copies of their respective


originals.

DEPONENT
VERIFICATION: -
Verified at Chandigarh on this day of November 2014, I the
above named deponent, do hereby verify that the contents of the
above affidavit are true and correct to the best of my knowledge &
belief. No part of it is false and nothing material has been concealed
therefrom.

DEPONENT

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