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2016 Supreme(Del) 3629

VALMIKI J.MEHTA
ISHWAR SINGH DECD. THROUGH LRS. – Appellant
Versus
SURAJ BHAN – Respondent


Advocates Appeared:
For the Appellant :Mr. V.K.Mishra, Advocate

JUDGMENT :

VALMIKI J. MEHTA, J

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/defendants impugning the Judgment of the First Appellate Court dated 3.1.2012 by which the first appellate court reversed the judgment of the trial court. The Trial Court vide its Judgment dated 1.3.2001 had dismissed the suit for declaration and injunction filed by the respondents/plaintiffs with respect to the suit land being 1/4th share of land comprised in Khasra no. 57/23/1(2-6), 24(4-10), 25(4-16), 67/1(4-8), 10(4-16), 11(4-16), 68/6(4-9), and 15(4-9) admeasuring 34 bighas and 10 biswas situated in the Revenue Estate of village Lampur, Delhi. As a result of the impugned judgment of the first appellate court, the suit of the respondents/plaintiffs has been decreed.

2. By the suit the respondents/plaintiffs sought declaration of invalidity of the ex parte Mutation Order dated 20.5.1996 of the revenue authority in favour of appellants/defendants which was passed without any notices being issued to the respondents/plaintiffs. By the mutation order the appellants/defendants succeeded in showing the suit land in their names as legal heirs










































































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