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2015 Supreme(SC) 170

M.Y.EQBAL, SHIVA KIRTI SINGH
Shyam Lal – Appellant
Versus
Deepa Dass Chela Ram Chela Garib Dass – Respondent


Judgment

This appeal by special leave is directed against the judgment dated 28.6.2010 of the High Court of Punjab and Haryana whereby the second appeal filed by the appellant-plaintiff was dismissed with costs throughout.

2. The litigation between the parties commenced on the filing of the suit by the plaintiff-appellant for permanent injunction against the respondent-defendant claiming to have been in possession of the suit property for 27-28 years as Gair Marusi and alleging that the respondent was threatening to dispossess him. The plaintiff claimed himself to be in possession over the agricultural land measuring 122 kanals 2 marlas situated in village Chhainsa, Tehsil Ballabhgarh, District Faridabad having tube-well, electricity connection and his house in Killa No.26 in which he is allegedly residing for the last 27-28 years continuously and also having another Engine Tubewell Bore in killa no.26(1-2). It is the case of the plaintiff that earlier Ram Dass Chela Garib Das was the owner of the aforesaid land, which is now recorded in the ownership of the defendant-respondent vide Rapat No.508 dated 8.8.2003.

3. The case of the respondent on the other hand is that the suit proper





































































































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