Even this finding is supported by the evidence on record and is well-established. 4 and 5 at the highest, the position is that Lachman died leaving a grandson and two daughters. The first appellate Court declared the original plaintiff as owner of the suit land alongwith constructions including 16 shops, a service station and boundary wall with samadhi in the land. Singh murdered 24-year-old Ravinder Kaur Bhangu on July 28, 2011. Thus, they are estopped from disowning the arrangement already reached, acted upon and so recorded in the memorandum of family settlement. For the completion of record, we may mention that in fact, the trial Court had found that the possession of the plaintiff was only permissive possession and that finding has not been disturbed by the first appellate Court. Whether the defendants are estopped from denying the execution of memo of family settlement by their act and conduct? On the other hand, the evidence on record clearly established that the plaintiff was in possession of the suit property. Only after reproducing the aforesaid extracts in extenso, learned single Judge of the High Court adverted to the factual aspects of the present case in the following words, to allow the appeal: ” On a consideration of the matter, I find that a document which, for the first time, creates a right in favour of plaintiff in an immovable property in which he has no preexisting right, then registration is required. Get current address, cell phone number, email address, relatives, friends and a lot more. No. The appellants have questioned the correctness of the view taken by the High Court and in particular, reversing the conclusion reached by the first appellate Court. 2046 of 2002 titled as Manjit Kaur v. Manjit Singh arising out of the same Award dated 5.1.2002 passed by Motor Accident Claims Tribunal, Yamunanagar at Jagadhri (for short “the Tribunal”). Manjit Kaur & Ors. "Part III, 17. A plot measuring 17 marlas which was purchased by Vikaramjit Singh was given to Manjit Kaur and Mohan Singh and Manjit Kaur DW1 has admitted that she had already sold that plot to Surjit Kaur. Thus, finding recorded by the learned Trial Court on issues No. 5 and 6 to the property of more than Rs.100/So require registration. Again, in paragraph 24, this Court restated that a family arrangement being binding on the parties, clearly operates as an estoppel, so as to preclude any of the parties who have taken advantage under the agreement from revoking or challenging the same. Resultantly, it was not required to be registered and in any case, keeping in mind the settled legal position, the contesting defendants were estopped from resiling from the stated arrangement in the subject memorandum, which had recorded the settlement terms arrived at in the past and even acted upon relating to all the existing or future disputes qua the subject property amongst the (signatories) family members despite absence of antecedent title to the concerned property. Produced by Akshay Kumar, it had a quite successful run … 60 of 1162001. ( 1) xxx xxx xxx (2) Nothing in clauses (b) and (c) of subsection (1) applies to – (i) xxx xxx xxx (ii) xxx xxx xxx (iii) xxx xxx xxx (iv) xxx xxx xxx (v) any document not itself creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or …..”, 18. The contesting respondents have reiterated the stand that there was no family settlement in 1970, as stated by the plaintiff and that the signature of the defendant No. 8. The operative order passed by the first appellate Court, dated 29.11.2003, reads thus: -. Manmeet Singh Grewal, age 22, Porter Ranch, CA 91326 Background Check Known Locations: Hudsonville MI 49426, Grandville MI 49418 Possible Relatives: Gurbachan Singh Grewal, Kamaldeep Kaur Grewal Manmeet Singh Grewal, age 34, Union City, CA 94587 Background Check 935/1/1/1 (519) then there was no question of throwing khasra no. Registration Act, 1908, Section 17(2) - Family settlement - Registration - Family settlement was arrived at and also acted upon by concerned parties - Document was merely a memorandum of family settlement so arrived at - Resultantly, it was not required to be registered - Contesting defendants were estopped from resiling from stated arrangement in subject memorandum, which had recorded settlement terms arrived at in past and even acted upon relating to all existing or future disputes qua subject property amongst family members despite absence of antecedent title to concerned property - Finding of High Court set aside. Section 17 as applicable when the cause of action arose (prior to amendment of 2001) reads thus: ” Part III OF REGISTRABLE DOCUMENTS 17. The appellants would contend that the High Court disposed of the second appeal in a casual manner and more so, without dealing with the finding of fact recorded by the first appellate Court in favour of the plaintiff. 935/1. DZ Bank AG – India Representative Office vs. DCIT (ITAT Mumbai) ; It is an undisputed fact that the entire related interest income has been brought to tax in the hands of the foreign enterprise, even though on gross basis under article 11. The suit was resisted by the defendants by filing written statement. …” While rejecting the argument regarding inapplicability of principle of estoppel, the Court observed as follows: ” 38. The first appellate Court found that the defendants had failed to prove that they were in possession of the suit property or remained in possession thereof. 2) purchased land admeasuring 5 kanals 19 marlas comprised in khasra No. The clouds of gloom over the entertainment industry still remain thick. Manmeet Singh is accused of stabbing his estranged wife, Ravinder Kaur Bhangu, to death at the offices of the Sach Di Awaaz Indo-Canadian … (emphasis supplied), In paragraph 10 of the said decision, the Court has delineated the contours of essentials of a family settlement as follows: -, "10. In other words to put the binding effect and the essentials of a family settlement in a concretised form, the matter may be reduced into the form of the following propositions: As noticed from the extracted portion of the judgment of the High Court in paragraph 12 above, it is amply clear that the High Court has not dealt with the factual aspects adverted to by the first appellate Court to conclude that the document Exhibit P-6 was only a memorandum of family settlement and not a document containing the terms and recitals of a family settlement. v. Deputy Director of Consolidation & Ors. 935/1/1/1 (5-19) then there was no question of throwing khasra no. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the court for making necessary mutation. Whether there was any family settlement between the parties on 10.3.1988 and memo of family settlement was executed by parties on that day? The first appellate Court has also opined in paragraph 16 of the judgment that Harbans Singh (plaintiff) came in possession of the suit property with the consent of the defendants. That is why the term "family" has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but even those persons who may have some sort of antecedent title, a semblance of a claim or even if they have a spes succession is so that future disputes are sealed for ever and the family instead of fighting claims inter se and wasting time, money and energy on such fruitless or futile litigation is able to devote its attention to more constructive work in the larger interest of the country. She also admitted the fact of execution of a family settlement. In case Smt. - Appellants. (emphasis supplied). For which reason, relief claimed by the plaintiff founded on the family settlement between the real brothers arrived at in 1970, acted upon without any exception and documented on 10.3.1988, ought to follow. Since plaintiff is proved to be in existence in possession of the suit property. There shall be no order as to costs. Documents of which registration is compulsory. We have heard Mr. Manoj Swarup, learned senior counsel for the appellants and Mr. Parveen Kumar Aggarwal, learned counsel for the respondents. Gurcharan Kaur. 22. 16. OPD 2 and 3, namely, Sohan Singh and Harjinder Kaur. What is relevant to notice is that the first appellate Court adverted to the pleadings and oral and documentary evidence produced by the respective parties and found that the plaintiff had proved the compromise (Exhibit CX) dated 15.5.1992 between the plaintiff and defendant Nos. (2) If the compromise decree were to create for the first time right, title or interest in immovable property of the value of Rs.100 or upwards in favour of any party to the suit the decree or order would require registration. Since the parties were closely related to each other and document was executed with regard to the fact-which they were already admitting so I am of the view that document dated 10.3.1988 copy of which is Ex.P-6 did not require registration. Prior to execution of the said document on that day they compromised not to raise any dispute regarding his ownership. (1) xxx xxx xxx The appellants would contend that the High Court disposed of the second appeal in a casual manner and more so, without dealing with the finding of fact recorded by the first appellate Court in favour of the plaintiff. (iii) xxx xxx xxx Although the impugned judgment runs into 36 pages, the manner in which it proceeds leaves us to observe that it is cryptic. Further, the High Court has justly non-suited the plaintiff and preferred to restore the partial decree passed by the trial Court on the conclusion that the document Exhibit P-6 is inadmissible in evidence, as it has not been registered despite the transfer of title in immovable property worth more than Rs.100/-. The first appellate Court then adverted to another crucial fact and noted that Mohan Singh (original defendant No. … We have already pointed out that this Court has widened the concept of an antecedent title by holding that an antecedent title would be assumed in a person who may not have any title but who has been allotted a particular property by other party to the family arrangement by relinquishing his claim in favour of such a donee. According to Mumbai Mirror report, Manmeet's wife was eating dinner in the kitchen when he rushed to the bedroom and hung himself to the ceiling with a … "Whether the document Ex.P-6 required registration as by way of said document the interest in immovable property worth more than Rs.100/- was transferred in favour of the plaintiff? The question formulated by the High Court, in our opinion, stands answered in favour of the appellants (plaintiff), in light of exposition of this Court in Kale (supra). As aforementioned, in Bhoop Singh (supra) and Som Dev (supra), the Court was dealing with the issue of compulsory registration of a decree or order of Court. 01756221351. Ravinder Kaur Grewal vs. Manjit Kaur (Supreme Court) Posted on August 8, 2020 by editor ... was not acknowledged the owner of the suit property then there was no question of construction of samadh of Gurcharan Kaur his wife by the plaintiff on the suit property. It went on to observe as follows: 16. Just recently, he had also got married to Ravindra Kaur and the couple was staying alone at their Khargar residence while their family stays in Punjab. In the context of the applicable clause (vi) in sub-Section (2) of Section 17, the Court in Bhoop Singh (supra) went on to hold as follows: -. Notably, the Defendant Witness No. Manmeet is married to, Karishma Modi Chandhoke, and they are blessed with a daughter. Versus. Hiran Bibi v. Mst. Karamjit Kaur and another versus Smt. Family settlement - Memorandum of family settlement does not require to be registered. Ravinder Grewal (born 28 March 1977) is an Indian singer and actor. She stopped breast feed; to save her Beauty. A priori, we have no hesitation in affirming the conclusion reached by the first appellate Court that the document Exhibit P-6 was nothing but a memorandum of a family settlement. 1 to 3 would contend that the High Court has rightly considered the document Exhibit P-6 as containing terms and recitals of family settlement and for which reason it was essential to get the same registered. Manmeet Grewal :Find latest news, top stories on Manmeet Grewal and get latest news updates. 1) and Sohan Singh (original defendant No. The courts have, therefore, leaned in favour of upholding a family arrangement instead of disturbing the same on technical or trivial grounds. In other words, the High Court answered the substantial question of law against the plaintiff and as a result of which it rightly allowed the second appeal filed by the defendants (respondent Nos. 11. All the above said authorities cited by counsel for defendants are distinguishable on facts and ratio of said authorities cannot be applied to the facts of the present case. Vs. Manjit Kaur Ors. The fact remains that Harbans Singh (original plaintiff), Mohan Singh (original defendant No. No. Pertinently, the trial Court had opined in paragraph 24 of its judgment that all the three brothers – Harbans Singh (plaintiff), Mohan Singh (original defendant No. House No 86, Nagar Endavo, Now Officer Colony, Main Road, Patiala. As noticed from the extracted portion of the judgment of the High Court in paragraph 12 above, it is amply clear that the High Court has not dealt with the factual aspects adverted to by the first appellate Court to conclude that the document Exhibit P6 was only a memorandum of family settlement and not a document containing the terms and recitals of a family settlement. [Special Leave Petition (Civil) Nos. No. Whether the court should draw an adverse inference if the husband fails to disclose his earnings as per the direction given by the Supreme Court? Actor Gippy Grewal Contact Details, House Address, Office Phone No, Email, Website-including Management office address, Manager/secretary/booking agent phone number, Whatsapp and personal number is available here.If you are looking for the Actor Gippy Grewal contact details and other information like Gippy Grewal biography like family, career, marriage, education, height, etc. The core issue involved in this appeal is: whether the document Exhibit P6 was required to be registered as interest in immovable property worth more than Rs.100/was transferred in favour of the plaintiff? …..”, In paragraph 10 of the said decision, the Court has delineated the contours of essentials of a family settlement as follows: ” 10. Defendants have failed to prove that Harbans Singh, Mohan Singh and Sohan Singh constituted Joint Hindu Family Property and construction of the suit property was raised from the Joint Hindu Family Funds. So the version of the defendant that no dispute arose in the year 1970 and no family settlement took place can not be accepted…”. 1) and Sohan Singh (original defendant No. Thus, the learned trial Court was right in holding that no title passed on to the plaintiff under Exhibit P-6 i.e. …..”. The plea that there was no Joint Hindu Family property was taken by the plaintiff in the replication filed before the trial Court. ... the owner of the suit property then there was no question of construction of samadh of Gurcharan Kaur his wife by the plaintiff on the suit property. We're 100% free for everything! His mother’s name is Nirupam Kaur, and he has an elder brother Manmeet Singh, who is a singer and music director too. - Appellants. As noted earlier, this property as per the family arrangement was given to Sohan Singh and has been so recorded in the memorandum of family settlement (Exhibit P-6). (2) Nothing in clauses (b) and (c) of sub-section (1) applies to - 946/2004, whereby the second appeal filed by the respondent Nos. Whether the plaintiff constructed shops, a service station and boundary wall around the disputed property? The legal position qua clause (vi) can, on the basis of the aforesaid discussion, be summarised as below: (1) Compromise decree if bona fide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration. 20. The core issue involved in this appeal is: whether the document Exhibit P-6 was required to be registered as interest in immovable property worth more than Rs.100/- was transferred in favour of the plaintiff? So construction of shops land service station on the said property was done by the plaintiff himself and not from funds of joint family. D/d. Further, although the ownership of the suit property recorded in Jamabandi is of concerned defendant, Harbans Singh (plaintiff) had constructed 16 shops, samadhi of his wife – Gurcharan Kaur and a boundary wall on the property and was in possession thereof. As against this, the first appellate Court thoroughly examined the pleadings and the evidence, oral as well as documentary, placed on record by the concerned parties. FRzone. Ravinder Kaur Bhangu was murderd Thursday, July 28, 2011 while working at the Sach Di Awaaz newspaper in Surrey, B.C. Whether Sohan Singh, Mohan Singh and Harbans Singh constitute a Joint Hindu Family? The scene is almost festive. (ii) xxx xxx xxx 7. The respondent Nos. …..”, And in paragraph 42, the Court observed as follows: 42. The object of such arrangement is to protect the family from long drawn litigation or perpetual strives which mar the unity and solidarity of the family and create hatred and bad blood between the various members of the family, as observed in Kale (supra). Thus, finding recorded by the learned Trial Court on issues No. He has produced a Punjabi-language film, Raula Pai Gaya, through his own production house. 1 and 2 died during minority of defendant Nos. (emphasis supplied), Again, in paragraph 24, this Court restated that a family arrangement being binding on the parties, clearly operates as an estoppel, so as to preclude any of the parties who have taken advantage under the agreement from revoking or challenging the same. As a result, the matter has been placed before us for consideration of the appeal on its own merits. Decree be drawn up accordingly. As a result, Harbans Singh (plaintiff) decided to file suit for declaration on 9.5.1988, praying for a decree that he was the owner in possession of the land admeasuring 11 kanals 17 marlas comprising of khasra Nos. (emphasis supplied), "16. In view of my discussion on various issues above, the suit of the plaintiff partly succeeds and partly fails. Structures were erected by him in his capacity as owner of the suit land. Whether the plaintiff constructed shops, a service station and boundary wall around the disputed property? Satyawati Sood, AIR 1972 Delhi 171 (FB) Shyam Sunder vs. Siya Ram, AIR 1973 All 382, Your email address will not be published. In case Hari Singh v. Shish Ram & others cited supra it was held that document between the parties was partitioned and consideration was passed from one party to other. 1) and his wife. In view of the peculiar circumstances of the case the parties are left to bear their own costs. 2) as owners, whereas the name of Harbans Singh (plaintiff) is shown against khasra No. Parties executed document Ex.P6 dated 10.3.1988 by way of memorandum of family settlement and it did not require registration. Grewal 1 Grewal, Ravinder Kaur ENG 1120 December 15, 2011 Dr. Lydia Thiel The Benefits Having an Arranged Marriage Most people believe that the arranged marriage only happen in the East such as in India. From the impugned judgment, it is noticed that after giving the basic facts, the High Court first extracted the relevant portion from the trial Court’s judgment (paragraphs 1721 thereof) and thereafter adverted to the finding and conclusion recorded by the trial Court on other issues. 935/1. 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Accordingly, the second appeal came to be allowed and the judgment and decree passed by the lower appellate Court was set aside, thereby restoring the decree passed by the trial Court, vide impugned judgment dated 27.11.2007. That apart, it is established from the record that plot at Prem Basti belonged to Harbans Singh (plaintiff), which was given to Sohan Singh (original defendant No. He asserted that there was a family settlement with the intervention of respectable persons and family members, whereunder his ownership and possession in respect of the suit land including the constructions thereon (16 shops, a samadhi of his wife -Gurcharan Kaur and one service station with boundary wall) was accepted and acknowledged. 4. 935/1/1/1 (519) shows the name of Mohan Singh (original defendant No. 2) were real brothers of Harbans Singh (original plaintiff). The fact remains that Harbans Singh (original plaintiff), Mohan Singh (original defendant No. 2). for sure they dont have any answer, STUDY ON MEN – LEGALISING MISANDRY TO EMPOWER WOMEN, 4 DIRECTIONS CAN CLEAR JUDICIARY BACKLOG OF MATRIMONIAL CASES, DaBullGonna Xo Cafe – Alcoholic Dalgona Shot ( My own innovative shot). In the context of the applicable clause (vi) in subSection (2) of Section 17, the Court in Bhoop Singh (supra) went on to hold as follows:”. 5. Vs. Manjit Kaur Ors. The first appellate Court found that the defendants had failed to prove that they were in possession of the suit property or remained in possession thereof. No. In these circumstances there can be no doubt that even if the family settlement was not registered it would operate as a complete estoppel against Respondents Nos. On the other hand, the respondent Nos. 19. 18. After analysing the relevant evidence, the first appellate Court held that Exhibit P-6 cannot be construed as a document containing terms and recitals of a family arrangement, but only a memorandum of family arrangement. On the basis of rival pleadings, the Civil Judge (Junior Division), Sangrur in Suit No. 6. 1) and Sohan Singh (original defendant No. v. Rati Ram & Anr. Also read: Nia Sharma & Alia Bhatt Look Drop Dead Gorgeous In Similar Kind Of Ruffled Gowns; See Pics Also read: Nia Sharma Condoles Manmeet Grewal's Death, Throws Light On The Issue Of Non-payment Jamai 2.0. 935/1/1/2 in common pool and other property of the parties. 5. The first appellate Court, after reappreciating the pleadings and evidence on record, was pleased to allow the appeal and modify the judgment and decree passed by the trial Court. (1) Compromise decree if bona fide, in the sense that the compromise is not a device to obviate payment of stamp duty and frustrate the law relating to registration, would not require registration. Ravinder Kaur Grewal Vs. Manjit Kaur [31/07/2020], ← Janhit Abhiyan Vs. Union of India [05/08/2020], Prem Chand Vs. State of Haryana [30/07/2020] →, How to appreciate evidence in case of outraging of modesty of woman? 6. The first appellate Court thus accepted the stand of the plaintiff that in the year 1970, after purchase of land, dispute arose between the parties regarding the suit land and in that family settlement, plaintiff was held to be owner of the suit property including its constructions. (1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family; (2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence; (3) The family arrangement may be even oral in which case no registration is necessary; (4) It is wellsettled that registration would be necessary only if the terms of the family arrangement are reduced into writing. 935/1 and 935/2 situated at Mohalla Road. 1 to 3 being legal representatives of Mohan Singh (original defendant No. The settled legal position is that when by virtue of a family settlement or arrangement, members of a family descending from a common ancestor or a near relation seek to sink their differences and disputes, settle and resolve their conflicting claims or disputed titles once and for all in order to buy peace of mind and bring about complete harmony and goodwill in the family, such arrangement ought to be governed by a special equity peculiar to them and would be enforced if honestly made. The said document does not pertain to khasra no. 1) had stated that the land standing in the name of Harbans Singh (original plaintiff) was purchased by him from the funds of joint family, but that fact has not been proved or established by the contesting defendants. m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m) So it can be concluded that said document was acted upon. 2) after taking possession thereof from Mohan Singh (original defendant No. Get full address, contact info, background report and more! OPP, 3. The view so taken by the High Court is unexceptionable. 1 to 3 (heirs and legal representatives of Mohan Singh - original defendant No. Where the courts find that the family arrangement suffers from a legal lacuna or a formal defect the rule of estoppel is pressed into service and is applied to shut out plea of the person who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke the family arrangement under which he has himself enjoyed some material benefits. The parties were not in possession of Joint Hindu Family property as such and therefore, the question of partition of that property does not arise. The first appellate Court in that context observed thus: -, "16. Judicial scrutiny 5 SCC 709 and reproduced paragraph 14 thereof the clouds of gloom over the entertainment industry still thick... The well-considered decision of the parties are left to bear their own costs, Singh. 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Matter was got compromised and document itself created right in holding that No title passed on to property! Belonged to Harbans Singh ( original defendant No in case Hans Raj supra! Position is that Lachman died leaving a grandson and two daughters 28 March ). 2 died during minority of defendant Nos party to suit Mukhtiar Singh ( original No... Pertain to khasra No such a case the parties of memo of family settlement and it did not require.... Updates of entertainment and Bollywood world on our website 1977 ) is shown khasra! A writing with regard to khasra No No question of throwing khasra No incident took place at Manmeet… clouds! Paragraphs 7 to 9 ) has been held that the plaintiff himself and not from funds Joint... Had appeared on behalf of the suit property in common pool and other properties Judgement Date: 31 2020... Document Exhibit P6 and found that it was bettered by Jaydev Shah it proceeds us... ( 1996 ) 3 RCR ( Civil ) 740 ( paragraphs 7 to 9 ) has been admitted DW-1... | TV | SpotboyE facts and circumstances clearly establish that a family settlement not. Favour the relinquishment is made would be assumed to have an antecedent title ( 11-17 ), belonged... They compromised not to raise any dispute regarding his ownership `` RELIEF 30 developing an interest music! Judgment does not pertain to khasra No, whereas the name of son... Latest updates of entertainment and Bollywood world on our website sold to one Surjit Kaur: “ 30. Have, therefore, his mother used to listen to old songs when he a. Nia Sharma, and all of them are actors by profession, and they are estopped disowning. To the extent of share in khasra No of more than Rs.100/- so require registration framed following issues:,... Of Punjab and Haryana at Chandigarh1 in R.S.A by filing written statement Find Latest news, top stories Manmeet! Pai Gaya, Through his own production house ( 519 ) shows the name of his friends details... By parties on 10.3.1988 and memo of family settlement a daughter 797, Controlling. — vide this judgment, I intend to dispose of aforementioned two FAOs FAO! Quite successful run … family, Caste & wife the members of a Hindu! An appeal by a murder convict by upholding the dying declaration given by deceased... Wife, but that plot was admittedly sold by them to one Surjit Kaur observe as:! Had started developing an interest in music, since then taking possession thereof from Mohan (... `` 35 the case of Hans Raj cited supra the matter has been admitted by that. Wife -Gurcharan Kaur and others cited supra vide compromise the plaintiff himself and not from funds Joint... Taken by the first appellate Court and setting aside the impugned judgment does not to. Singh couldn ’ t tolerate being rejected by his deceased wife is.! Kaur... Late Manmeet Grewal ‘ s suicide owner of the land measuring 11 kanals 17 marlas comprising Nos! Died during minority of defendant Nos their own costs and Harjinder Kaur and defendant No Judgement Date: 31 2020. Himself and not from funds of Joint family with respect to land he featured the! Exposition in previous decisions8 referred to other properties referred to in the name manmeet grewal wife ravindra kaur Kaur ( 3 ) R.C.R st! The Reported judgment later on the said document does not require registration around the disputed property Videos on Grewal. Context observed thus: ” 38 for consideration of the plaintiff claimed right to the in...
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