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2018 Supreme(SC) 1229

UDAY UMESH LALIT, R.SUBHASH REDDY
GOPAL SINGH (DEAD) BY LRS – Appellant
Versus
SWARAN SINGH – Respondent


Advocates Appeared:
For the Appellant :Mr. Vikas Mahajan, Advocate, Mr. Vinod Sharma, AOR, Mr. Vishal Mahajan, Advocate, Mr. Aakash Verma, Adv.
For the Respondent:Mr. Karan Bharihoke, Advocate, Mr. kaushal Narayan Mishra, Advocate, Ms. Navkiran Bolay, Advocate and Mr. Surinder Kumar Gupta, AOR.

JUDGMENT

R. Subhash Reddy, J.

Leave granted.

2. This appeal is filed by the legal heirs of the deceased defendant No. 5 in the suit, aggrieved by the judgment and order dated 16.02.2018 passed by the High Court of Punjab & Haryana at Chandigarh in Regular Second Appeal No. 1163 of 1991 (O&M). Respondent nos.1 to 4 herein were the plaintiffs in Suit No. 496 of 1985 filed before the Sub-Judge 1st Class, Sultanpur Lodhi, District Kapurthala in the State of Punjab. In the said suit following reliefs were claimed by them :

"Suit for declaration that they are absolute owners in possession being bonafide purchasers for consideration and without notice of land measuring 82 kanals 3 marlas bearing khasra nos.54/22min (4-0), 61/2 (8-0), 1min (4-18), 9(10-4), 54/22min (4-0), 61/min (4-0), 55/16 (8-0), 17 (7-7), 54/19min (4-0), 20 (8-0), 21 (8-0), 54/19min (4-0), 25/25 (6-17), and 60/5/2 (0-17), total 82 kanals 3 marlas, situated in village Kamalpur Patti, Tehsil Sultanpur Lodhi, District Kapurthala as per Jamabandi for the year 1981-82 and the order of learned Chief Sales Commissioner, Kapurthala dated 28.3.1985 vide which the sale in favour of Mohan Singh son of Alladatta of village Mothawala, T















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