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1986 Supreme(P&H) 135

J.V.GUPTA
Har Chand – Appellant
Versus
Ranjit – Respondent


Judgment

1. This is defendant s Second Appeal against whom suit for possession of agricultural land has been decreed by both the Courts below.

2. Ranjit, plaintiff, filed the suit for possession of agricultural land alleging that defendant Har Chand was his real brother, they both being sons of Gola, son of Mai Sukh; that Gola died about 25 years prior to the institution of the suit; that Har Chand, defendant No. 1, was adopted by Mst. Jiwani, widow of Daia, after Gola s death and he was, thus, son of Mst. Jiwani; that following the death of Smt. Jiwani, her property was mutated in favour of Har Chand, being her adopted son, and he was, thus, owner-in-possession of the estate left behind by Smt. Jiwani; that in view of the adoption of Har Chand by Mst. Jiwani, he was not entitled to any property left behind by Gola, his natural father, and that the plaintiff was the exclusive owner of the property in question, being Gola s sole heir; that the suit land was owned and possessed by Gola and any entry in the revenue record mentioning Har Chand as the owner of the suit land was illegal, against facts and not binding on the plaintiff; that Har Chand had delivered possession of the suit la








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