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1985 Supreme(P&H) 118

J.V.GUPTA
Karcha Singh Alias Gurbaksh Singh – Appellant
Versus
Dewan Singh – Respondent


Judgment

J.V.Gupta, J.

1. This is plaintiffs second appeal whose suit for possession of the agricultural land was decreed by the trial Court, but dismissed in appeal.

2. Bahadur Singh, son of Chanda Singh, was the owner of the suit land measuring 63 Kanals 17 Marlas. He was a resident of Malaya. Against Jawala Singh, deceased, and Hazara Singh, defendant No. 2, he i.e. Bahadur Singh obtained the decree dated August 1, 1953, on the basis of a compromise. In execution thereof, he obtained possession of the suit land from them. Thereafter, Bahadur Singh, again left for Malaya where he died leaving behind the plaintiffs as his heirs. After Bahadur Singh had obtained possession of the suit land in execution of the decree dated August 1, 1953, Jawala Singh, defendant, now represented by his legal representatives, and Hazara Singh, defendant No.2, again entered into possession of the suit land as tenants as alleged by the plaintiff in the plaint. The plaintiffs filed the suit for possession of the suit land on the allegations that they being the heirs of Bahadur Singh, deceased, who were the owners of the suit land. Bahadur Singh while leaving India, put the defendants in permissive posses




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