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1996 Supreme(P&H) 399

N.K.KAPOOR
Jagga Singh – Appellant
Versus
Mal Singh – Respondent


Judgment

N.K.Kapoor, J.

1. This is defendants regular second appeal. Plaintiff filed a suit for declaration to the effect that he is owner to the extent of 1/3rd share of land measuring 7 Bighas 8 Biswas Pukhta comprised in Khewat No. 126 Khatauni No. 154, Khasra Nos. 838, 839 and 853 with structures of house existing thereon with all rights appurtenant thereto and is also owner of 1/3rd share of land measuring 1B-1B-9B comprised in Khewat No. 126 Khatauni No. 155 and 156, Khasra No. 331 min. (0-12-9) and khasra No. 331 min (0-9-0) situated in village Issewal. In addition thereto, he is owner to the extent of 1/3rd share measuring 7 Biswas comprised in khewat No. 126 Khatauni No. 157 Khasra No. 332/2 situated at village Issewal and that the Khasra Nos. have been fraudulently got entered by the defendants in their names in the registered sale deed dated 5.1.1981. According to the case of the plaintiff, he intended to part with his holding situated on the northern side of the Rajwaha whereas in the sale deed land situated on the Southern side of the Rajwaha stands mentioned in the impugned sale deed. In fact, at the spot on this land existed the houses of the plaintiff as well as othe













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