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1968 Supreme(Del) 195

T.V.R.TATACHARI
PRITHI SINGH – Appellant
Versus
BACHITAR SINGH – Respondent


T. V. R. Tatachari

( 1 ) THIS second appeal has been filed by Pirthi Singh and others against the judgment and decree of the Senior Subordinate Judge, Hoshiarpur, date 28th November 1963, in Civil Appeal No. 197 of 1963 on his file, whereby the leartied Senior Supordinate Judge confimed the judgment and decree of the Subordinate Judge, First Calss, Una, dated, 19th August, 1963, passed in Civil Suit No. 326 of 1962.

( 2 ) THE aforesaid suit was filed by the appellants herein for a permanent injunction restraining the respondents herein from raising any construction in the suit land of the extent of 2 Kanals and 2 Marlas, situate in village Basoli, Tehsil Una. The case of the appellants- plaintiffs was that said land was jointly owned and possessed by them and respondents Nos. 1 and 2, that the slid respondents Nos. 1 and 2 had exchanged portions of the said land with respondents Nos 3 to 6, that the respondents had no right to raise any construction on the suit land, and that, therefore, they should be restrained from raising any construction. The suit land comprised there fields, Nos. 5461/251, 5878/250 and 5898/250. The case of the respondents defendants was that the said fields N







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