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2004 Supreme(P&H) 1276

VINEY MITTAL
Karnail Singh – Appellant
Versus
Bhajan Singh (D) By Lrs – Respondent


Judgment

1. The plaintiffs have approached this Court through the present regular second appeal. The challenge is to the judgment and decree passed by the learned Courts below whereby the suit for declaration filed by them has been dismissed.

2. The plaintiffs filed a suit for declaration claiming that they are owners in possession of land measuring 8 bighas 8 biswas 6 biswansis. The details of the land have been given in the plaint. They claimed that defendants Nos.1 and 2 Bhajan Singh and Kirat Singh should not dispossess them in execution of decree dated April 6,1959 passed against defendant No.3, Lal Singh.

3. The plaintiffs claimed that Bishan Singh, their father, had purchased the land in dispute from the original owners through various sale deeds and came into possession of the same as owners on the basis of the aforesaid sale deeds. Earlier, the present defendants Nos. 1 and 2, namely, Bhajan Singh and Kirat Singh filed a suit on March 6, 1958 for possession of land measuring 2 bighas 14 biswas 3 biswansis against Lal Singh, who was arrayed as defendant No.1. Bishan Singh father of the plaintiffs was arrayed as defendant No.2 in the said suit. The said defendants filed the a













































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