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1962 Supreme(P&H) 195

P.C.PANDIT
Puran Singh S/o Attra Singh – Appellant
Versus
Ram Murti – Respondent


Judgment

P.C.Pandit, J.

1. This appeal arises out of a suit brought on 28-2-1955 by Puran Singh for possession of the land in dispute measuring 2 bighas and 4 biswas comprised in khasra No. 389 situate in village Dharali, District Ambala.

2. According to the allegations of the plaintiff, he was the owner of the land in dispute and Bhag Singh and others, defendants 1 to 8, had taken forcible possession of the same in kharif 1952.

3. A preliminary objection was raised by defendants 1 to 8 that Tilak Ram, Ram Multi, Ram-Sarup and Raj Kumar were also necessary parties to the suit as defendants 1 to 8 had taken the land on lease from them. A preliminary issue was, therefore, struck on 22-6-1955 as to whether these persons were necessary parties to the suit. On 29-8-1955 the counsel for the plaintiff stated that he had no objection to making these persons as parties. The amended plaint wag, consequently filed on 1-10-1955, in which these persons were added as defendants 9 to 12. It may be mentioned that since Tilak Ram had died, his widow Smt. Shakuntala was impleaded as defendant No. 9.

4. The suit was contested by alt the defendants, who denied the ownership of the plaintiff and pleaded











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