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2022 Supreme(SC) 742

UDAY UMESH LALIT, S. RAVINDRA BHAT, SUDHANSHU DHULIA
Satyender – Appellant
Versus
Saroj – Respondent


Advocates Appeared:
For the Petitioner(s) Mr. Ajay Tewari, Sr. Adv. Mr. Abhimanyu Tewari, AOR Ms. Eilza Bar, Adv. Mr. Dilmrig Nayani, Adv.
For the Respondent(s): Mr. Sushil Sardana Adv. Ms. Rekha Sardana Adv. Mr. Shafik Ahmed, Adv. Mr. Ram Kishor Singh Yadav, AOR

JUDGMENT :

SUDHANSHU DHULIA, J.

1. This appeal is against judgment dated 19.07.2017 of the High Court of Punjab and Haryana given in a Second Appeal (No. 140 of 2009) which was partly allowed by the High Court.

2. The case arises out of the proceedings initiated by the plaintiffs (respondents herein) for declaration and possession on an agricultural land. Suit was filed by the plaintiffs, claiming to be owners of the property, which in total measured 80 Kanals, 19 Marlas. The property is in the revenue village Gagarwas, Tehsil Loharu, District Bhiwani (Haryana). Their case was that defendant No. 2 was their tenant who had sub-let the land to his son (defendant No. 1), without the consent of the plaintiffs/landlords and hence, the two defendants were liable to be evicted and the possession of the land was to be handed over to the plaintiffs. The plaintiffs additionally had built their case on an assertion that the land was earlier in possession of one Ram Kaur on which Ganpat Rai, the father of defendant No. 2 was the tenant. Ganpat Rai surrendered his tenancy of the disputed land to Ram Kaur in the year 1976. Later in the year 1994, the plaintiffs had won a suit against Ms. Ram Kaur a

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