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2006 Supreme(SC) 1231

S.B.SINHA, MARKANDEY KATJU
Avtar Singh . – Appellant
Versus
Gurdial Singh – Respondent


JUDGMENT

S.b. Sinha, J.

Leave granted.

Both these appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

The dispute between the parties arise in respect of a land situated at village Nardu, Teshil Rajpura butted and bounded as follows:

"North : House and compound of Avtar Singh and Jatinder defendants.

South :Kacha Passage

East : Kacha Passage and shamlat land

West :House and compound of Gurdial Singh"

Suit No. 283-T93/12.9.91 was filed by the respondents herein. Suit No. 28T/98/8.10.91 was filed by the appellants herein. Whereas the respondents filed a Suit for permanent and mandatory injunction, the appellants herein filed a Suit for permanent injunction restraining the defedants from interfering or dis-possessing them from the suit land, the description whereof was given and whereafter a site plan was filed. Whereas the suits of the respondents were dismissed by the learned trial Judge, the Suit of the appellants was decreed.

The parties preferred respective appeals from the said judgments and decree. The Appellate Court inter alia held that the land in question form part of a public street and the appellan











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