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1996 Supreme(P&H) 1120

SWATANTER KUMAR
Chand Kaur – Appellant
Versus
Raj Kaur – Respondent


Judgment

1. Chand Kaur has preferred the Regular Second Appeal against the judgment and decree dated 27-3-1995 passed by the learned Additional District Judge, Rup Nagar, affirming the decree passed by the Additional Senior Sub-Judge, Ropar dated 23-2-1995.

2. As the present appeal raises substantial questions of law, it will be appropriate to refer to the necessary facts. The plaintiff Chand Kaur, hereinafter referred to as the appellant; had filed a suit for declaration that she is the owner in possession of the land comprising of Khewat/ Khatauni No. 218/318, Khasra No. 34, 23/6/2, 8/4, 27/15/1, 15/2, Khewat Khatauni No. 219/319, 320, Khasra No. 23/ 14/1 min, 17/ 2, 23/14/1 min, as entered in the Jamabandi for the year 1983-84 of village Barsalpur. Tehsil and District Ropar.

3. Defendant No. 1 Raj Kaur in the suit expired during the pendency of the present appeal and vide order dated 7-3-1996 the Court had permitted the applicants in C.M. No. 1018-C of 1996 to be impleaded as intermeddlers leaving the question of validity and any other challenges to the will open to be determined in appropriate proceedings.

4. This suit was contested seriously by three different groups of defenda































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