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1993 Supreme(SC) 650

K.RAMASWAMY, S.MOHAN
Guru Amarjit Singh – Appellant
Versus
Rattan Chand – Respondent


Advocates:
ANANT PALLI, Atul Sharma, E.C.AGARWAL, J.D.JAIN, NANITA SHARMA, PURNIMA BHATT KAK, R.C.GUBRELE, V.M.TARKUNDE, Vivek Sharma

Judgment

K. RAMASWAMY, J.:- The appellant-plaintiff laid the suit for ejectment of the respondents pleading that the property in question belongs to Guru Naunihal Singh, his grandfather, and he succeeded by inheritance to 5 Kanals 17 Marlas of land in Kartarpur village. His grandfather had leased the same to Sardha Ram and Nar Singh Dass, predecessors of the respondent on October 20, 1905 on payment of Rs. 2/-as yearly rent. They constructed the buildings at their own cost, but the 1st respondent sold 30 Marlas to the defendant 5 to 7 on October 9, 1967 and defendants 2 to 5 had sold some plots to defendant No. 8 on January 4 1968, which came to his knowledge in 1970. A notice of forfeiture under S. 111(g) of the Transfer of Property Act, for short the Act was got issued and served on June 4, 1971 and laid the suit. The respondents in their written statements pleaded that the father of the first defendant and the father of defendants Nos. 2 to 5 died in the year 1955. They have no knowledge of execution of any lease deed by the predecessor-in-interest. The land was in possession and enjoyment of their predecessors as owners even prior to 1905. No lease deed was executed. Even if the













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