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2019 Supreme(HP) 909

TARLOK SINGH CHAUHAN
Harbans Singh – Appellant
Versus
Kundan Lal (deceased) through his lrs. – Respondent


Advocates:
Advocate Appeared:
G.D. Verma, Adv., B.C. Verma, Adv., Suneet Goel, Adv., Virender Singh Rathour, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

This bunch of appeals was taken up together for consideration and is being disposed of by common judgment as it involves overlapping issues.

2. The parties are ad idem that the fate of other appeals virtually would be dependent on outcome of RSA No. 201/2003, therefore, the same is taken up as the lead case. The parties shall be referred to as the "plaintiff" and "defendants".

3. The plaintiff filed a suit for declaration and permanent prohibitory injunction on the ground that the plaintiff and defendants are sons of Tulsi Ram and being real brothers are co-owners in possession of the suit land. It was alleged that in the recent settlement, the suit land was assigned new Khasra numbers whereas in the year 1973, the plaintiff and defendant No.1, Kundan Lal (since deceased) had agreed to exchange the suit land with the understanding that defendant No.1 would relinquish his entire 1/3rd share in the suit land in his favour and the plaintiff would give him equal land to the extent of the share of defendant No.1 in Mauja Dochi. He therefore, purchased land measuring 15 bighas 6 biswas from one Kaka Ram through a registered sale deed No.91, dated 1.10.1973

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