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1994 Supreme(P&H) 331

S.K.JAIN
Dhan Kaur @ Dano – Appellant
Versus
Major Singh – Respondent


Judgment

S.K.Jain, J.

1. Smt. Dhan Kaur, Smt. Gurdial Kaur and Smt. Surjit Kaur alias Sito filed Civil Suit No. 313 of 26.9.1978 against Major Singh and Bhagwan Kaur for a decree of possession of 3/4 share of the land, fully described in the plaint, situated in village Ramuwala Karchoka, Tehsil Moga. It was pleaded that Hazara Singh son of Shri. Fateh Singh was owner of the suit land. Plaintiffs and defendant No 2 are his daughters whereas defendant No. 1 is the son of the defendant No. 2. Hazara Singh died in the year 1976. He had no son and his wife had pre-deceased him. Defen dant No. 1 was in possession of the suit land. He filed a suit against the plaintiffs on 5.11.1976 for permanent injunction restraining them from forcibly dispossessing him. That suit was dismissed in 1977. In the same year, he again filed a suit for declaration that he was owner of the suit land. That suit was dismissed as withdrawn. The plaintiffs have also put forth a will allegedly executed by Hazara Singh in their favour and that of defendant No. 2 according to which also they were entitled to 3/4th share in the land.

2. The defendants contested the suit and denied everything under the sun. Their case i










































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