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1985 Supreme(P&H) 108

B.S.YADAV
Pritam Singh – Appellant
Versus
Tara Singh – Respondent


Judgment

B.S.Yadav, J.

1. The facts leading to this appeal are that the present appellants Pritam Singh and Major Singh (who died during the pendency of the appeal in the lower Appellate Court and whose legal representatives have been brought on the record) had filed a suit for possession of 2/3rd share of the land measuring 8 Kanals 10 Marlas situated in village Nathu Khera. According to the allegations in the plaint, the plaintiffs and defendant No. 3 Sikatar Singh alias Ajit Singh, who are brothers inter se, were joint owners of the suit land. Defendant Nos. 1 and 2, who are father and son, are in wrongful possession of the suit land. They (i.e. defendants) were alleging that they had purchased this land from Sikatar Singh. However, Sikatar Singh had no right to sell more than his 1/3rd share in the suit land. Defendant Nos. 1 and 2 contested the suit and filed joint written statement. According to them, the plaintiff had no share in the suit land. They are in possession of different parcels of land, having purchased the same by two separate sale deeds executed by defendant No. 3 who was its sole owner. They are bona fide purchasers for value without notice of the claim of the pl














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