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2012 Supreme(SC) 2701

DEEPAK VERMA, K.S.RADHAKRISHNAN
Amar Singh – Appellant
Versus
Dalip Singh (D) By LRs. – Respondent


Advocates Appeared:
For the Appellant(s) :- Vijay Hansaria, Sr. Adv. , Sanjay Sarin, Gagandeep Kaur and Ashok Mathur,Advocates.
For the Respondent(s):- Manoj Swarup, Ankit Swarup and Preshit Surshe, Advocates.

ORDER :

1. This appeal is at the instance of Defendants against the judgment and decree passed by learned Single Judge in Respondents-Plaintiffs' Regular Second Appeal No. 2936 of 1979, decided on 14. 02. 2003 by the High Court of Punjab and Haryana at Chandigarh.

2. The Respondents-Plaintiffs' had filed a suit for possession, but was dismissed by the Trial Court. It was carried to the Appellate Court, which also dismissed the same, confirming the Judgment and Decree of the Trial Court. Feeling aggrieved thereby, the Plaintiffs filed the aforesaid Second Appeal before the High Court, which was allowed vide impugned Judgment, hence, this Appeal by Appellants-Defendants.

3. Thumbnail sketch of the facts is mentioned hereinbelow:-

4. Parties shall now be referred to as described in the plaint i. e. Plaintiffs and Defendants.

5. Sadhu Singh was the owner of land measuring 6 Kanal 10 Marla in Khasra No. 679 situated in village Bija. By a registered deed of sale executed by him on 09. 12. 1963, he sold 17 marlas of land to Narain Singh, who took possession of the land so purchased by him. Sadhu Singh sold 1 bigha (equivalent to 1 Kanal and 13? marlas) of land of the same Khasra No. jointly

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