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2014 Supreme(SC) 756

DIPAK MISRA, VIKRAMAJIT SEN
SARJEET SINGH (D) TH. LRS. – Appellant
Versus
HARI SINGH – Respondent


JUDGMENT

VIKRAMAJIT SEN,J.

Leave granted.

1. The Appellants essay to restore the concurrent views of the Additional Civil Judge (Senior Division) Rewari, in Civil Suit No.308 of 1997 in terms of the Judgment and Decree dated 27.8.2002, as also the Judgment and Decree dated 11.12.2008 passed by the Additional District Judge, Rewari, in Civil Appeal No.50 of 2002. Their views, however, did not find favour with the High Court in the impugned Judgment dated 7.9.2012 passed in Regular Second Appeal No.1346 of 2009.

2. The parties are shareholders of Shamilat Patti Sayar of land comprised in Khewat No.300 Khatoni No.551, Khasra No.622(O-1O), Gair Mumkin Gatwar, situated in village Dahina, as per the jamabandi of the year 1970-71. The Plaintiffs/Appellants filed a suit for declaration, and possession of the suit land against the Defendants/Respondents. The Plaint does not contain a categorical stand as to whether the Defendants/Respondents are co-sharers along with the Plaintiffs/Appellants in respect of the suit land. It has been pleaded that the Defendants have no concern whatsoever with the suit land which has not been validly partitioned among the co-sharers. The Written Statement i




























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