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2009 Supreme(P&H) 904

RAKESH KUMAR GARG
Major Singh – Appellant
Versus
Mukhtiar Singh – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is plaintiffs regular second appeal challenging the judgment and decree of the Lower Appellate Court whereby appeal filed by the defendant-respondent against the judgment and decree of the trial Court has been accepted and the suit filed by the appellants which was decreed by the trial Court, has been ordered to be dismissed.

2-3 Brief facts of the case necessary for the decision of this appeal as per the pleadings of the parties are that the appellants filed a suit for declaration to the effect that they are owners in possession of the suit land as detailed in the head note of the suit being the legal heirs of Buta Singh son of Waryam Singh and mutation No. 12245 is illegal, null and void. The plaintiffs also sought a consequential relief of permanent injunction restraining the defendants from alienating the suit land in any manner and from forcibly dispossessing the plaintiffs from the above mentioned suit land. It was further alleged that previously one Chetu was the owner of the whole land measuring 231 kanals 19 marlas and was succeeded by his two sons Bhagwana and Waryam Singh. The plaintiff-appellants who are the children of Bhagwana bec









































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