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2010 Supreme(P&H) 2132

L.N.MITTAL
Satnam Singh – Appellant
Versus
Smt. Jindo – Respondent


Judgment

L.N.Mitta, J.

1. This is application for impleading legal representatives of plaintiff Jamal Masih (since deceased), who died during pendency of the first appeal. It is alleged in the application that the deceased plaintiff has left behind widow, three sons and three daughters, as mentioned in paragraph 2 of the application, as his only legal heirs. The application is accompanied by affidavit. Accordingly, the application is allowed, subject to all just exceptions and persons mentioned in paragraph 2 of the application are ordered to be brought on record as legal representatives of plaintiff-Jamal Masih (since deceased), for the purpose of this appeal. Main Appeal Instant second appeal has been filed by defendants Satnam Singh and his father Kapur Singh, who remained unsuccessful in both the courts below.

2. Suit was filed by Jamal Masih (since deceased and represented by respondents as legal representatives). The plaintiff alleged that there is a public street in Village Kalanaur, comprised of khasra no.522/1. Defendants house is located on southern side of the said street. Plaintiffs house is also located along the street. Defendants have encroached upon a portion of the












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