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1985 Supreme(P&H) 526

J.V.GUPTA
Nachhattar Singh – Appellant
Versus
Jagir Kaur – Respondent


Judgment

1. This is defendant s Second Appeal against whom suit for possession was dismissed by the trial Court but was decreed in appeal.

2. Kaula Singh, son of Bhan Singh, was the owner of the suit property. He died on 22nd Aug., 1972 leaving behind three daughters named Balbir Kaur, Jagir Kaur and Surjit Kaur. On the death of Kaula Singh, mutation of the suit land was. sanctioned in favour of the defendant-Nachhatar Singh on the basis of a decree dt. 26th April, 1972, suffered by Kaula Singh in favour of Nachhatar Singh. The plaintiffs, i.e. the two daughters Jagir Kaur and Surjit Kaur filed, on 4th Nov., 1972, the suit for possession of their 2/3rd share in the suit land left behind by their father Kaula Singh. It was alleged in the plaint that the defendants are asserting their rights on the suit land under a decree dt.26th April, 1972, which decree, according to them, was obtained by collusion and from a Court which was not competent to pass the same. It was alleged that the Sub-Judge 1st Class, Muktsar, who passed the said decree had no jurisdiction to entertain the suit as (a) the property in dispute was located in Tehsil Fazilka; (b) that to create fictitious jurisdiction o















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