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2020 Supreme(Del) 940

YOGESH KHANNA
Sardool Singh (now Deceased) Thr Legal Heirs – Appellant
Versus
Surjeet Singh – Respondent


Advocates Appeared:
Mr.Rama Shankar and Mr.Shivam Garg, Advocates., for the Appellant, Mr.R.K.Saini, Mr.Ankit Singh, Ms.Bhavana Jain, Ms.Tavishi Vats, Mr.Inderjeet, Advocates for R-1 and 2. Mr.Jaswinder Singh, Advocate for R-3, for the Respondent.

JUDGMENT

Yogesh Khanna, J. - This appeal is preferred by the appellants against the judgment and decree dated 30.09.2014 passed by the learned Additional District Judge-VI, South District, Saket Courts, New Delhi (hereinafter referred as the learned ''Trial Court) in CS No.242/2014 whereby the suit for declaration, eviction, possession, perpetual/permanent injunction and mesne profits to the tune of Rs.25,000/- with interest filed by appellants against respondents was dismissed post trial.

2. The brief facts as alleged by the appellants are in the year 1954 a property bearing No. Q-22, Jungpura Extension, New Delhi was allotted in the name of Hukum Singh, under the rehabilitation scheme, after the partition of the Country. It was alleged Hukum Singh was the principal purchaser /lessee of the Government of India and he partitioned the property in two portions i.e. Q22A and Q22B, and gave portion Q-22B to his brother Harnam Singh - under a family arrangement. The pedigree of the both the brothers; Harnam Singh and Hukum Singh is as under:-

3. It is alleged Smt.Angoor Kaur died intestate and issueless as such the property devolved upon her legal heirs viz Smt.Ram Kaur, Smt.Jeet Kaur (s

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