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2004 Supreme(P&H) 1285

SATISH KUMAR MITTAL
Bhupinder Nath (D) By Lrr – Appellant
Versus
Surasti (D) By Lrs – Respondent


Judgment

1. The dispute in this appeal pertains to land measuring 5 Kanals, 8 Marlas bearing Khewat Nos. 20 and 21, Khatauni No. 31, Khasra No. 14R/7/4(5-8) situated in village Majra, Tehsil Anandpur Sahib, District Rupnagar, Surasti, the respondent in this appeal (hereinafter referred to as the "plaintiff") filed a suit for declaration and permanent injunction against Bhupinder Nath and Kishori Lal (hereinafter referred to "defendant-appellants"). The trial Court decreed the suit vide judgment and decree dated 11-12-1978. Appeal against the judgment and decree of the trial Court was dismissed by the Additional District Judge, Rupnagar on 1-10-1980.

2. In brief, the facts are that the plaintiff filed a suit seeking a declaratory decree against the defendant-appellants that she and her predecessors-in-interest are owners in possession of the land in dispute since 1935-36 and even earlier, the defendants or their predecessors-in-interest were never owners of the land in dispute and if at all, they are found to be so, their rights stood extinguished since long; the possession of the plaintiff and her predecessors-in-interest over the land in dispute remained continuous, uninterrupted a
















































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