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2009 Supreme(P&H) 779

MAHESH GROVER
Kulwant Singh – Appellant
Versus
Gurbaksh Singh – Respondent


Judgment

Mahesh Grover, J.

1. This order will dispose of six regular second appeals bearing nos. 49 of 2007, 4101 of 2006, 4257 of 2006, 351 of 2007, 735 of 2007 and 741 of 2007.

2. RSA nos. 49 of 2007, 4101 of 2006 and 4257 of 2006 are plaintiffs second appeals directed against the judgments of the learned Trial Court dated 17.10.2003 and that of the learned First Appellate Court dated 13.10.2006 whereas RSA nos. 351 of 2007, 735 of 2007 and 741 of 2007 are defendants second appeals directed against the judgments of the learned Trial Court dated 17.10.2003 and that of the learned First Appellate Court dated 13.10.2006.

3. The plaintiffs-appellants filed a suit praying for a decree for declaration to the effect that they have become owners of the suit land which has been described in the plaint. It was pleaded that originally this land was owned and possessed by Sh. Kura s/o Norang and Sh. Nehala s/o Albela. Both these persons have mortgaged this land in dispute with possession with Sh. Nagina Singh for a sum of Rs. 115/- on 31.3.1879. The land however remained in the possession of the mortgagors but with their status as tenants. Thereafter they sold the land in question with all en





























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