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1996 Supreme(P&H) 652

N.K.KAPOOR
Amar Singh And Ors. – Appellant
Versus
Pritam Kaur – Respondent


Judgment

N.K.Kapoor, J.

1. The appellants are aggrieved by the judgment and decree dated 22.12.1989 of Additional District Judge Faridkot whereby the review application filed by the respondent has been allowed thereby affirming the judgment of the lower court with regard to the counter-clan, laid by Pritam Kaur.

2. Briefly, put, plaintiffs filed a suit against Pritam Kaur and Kartar Singh for declaration to the effect that they are owners in possession of land measuring 102 Kanals 12 Marias. As per allegation in the plaint, it was stated that the land was owned by Fauja Singh who died on 7.1.1980. The plaintiffs laid their claim on the basis of Will dated 12.10.1979.

3. Defendant Pritam Kaur in her written statement denied the various averments made by the plaintiffs in the plaint and it was further pleaded that she is the real daughter of Fauja Singh and so entitled to succeed to the estate of Fauja Singh. It was further stated that the possession of the plaintiffs was that of trespassers. In the pending suit, Pritam Kaur put up counter-claim for possession of the suit land.

4. On the pleadings of the parties, a number of issues were framed. Ultimately, the trial Court found no sub






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