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2006 Supreme(P&H) 3280

MAHESH GROVER
Ram Saran – Appellant
Versus
Deep Kumar – Respondent


Judgment

, J.

1. A dis - satisfied plaintiff - appellant has filed the present Regular Second Appeal assailing the judgments and decrees dated 16.10.1996 and 9.11.1998 passed by Civil Judge (Junior Division), Jagadhri (hereinafter described as `the trial Court) and Additional District Judge, Jagadhri (hereinafter referred to as `the lower Appellate Court), respectively. A suit for declaration with consequential relief of permanent injunction was instituted by the appellant broadly on the averments that he and the respondents were descendants from a common ancestor, namely, Jeewana, who had five sons, i. e. , Chauhal, Lakhu, Nawaja, Kabaj and Malji. All the five have since expired. Chhaju (respondent No.3, who has since expired and is now represented by his legal representatives) is the son of Chauhal, whereas the appellant is the son of Surta son of Lakhu. Nawaja died leaving behind son - Suba. Smt. Multani (respondent No.2) is the daughter of Nawaja and sister of said Suba. Kabaj left behind son - Rulia (respondent No.4 ).

2. In question is the estate of Suba. According to the appellant, he and the respondents are Gujjars by caste and the main source of their livelihood is agricult













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