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2004 Supreme(P&H) 616

SATISH KUMAR MITTAL
Hazara Singh And Another – Appellant
Versus
Faqiria (D) By L. R. – Respondent


Judgment

1. This judgment shall dispose of two Regular Second Appeals bearing Nos. 1898 of 1985 and 2189 of 1985. R.S.A. No. 1898 of 1985 has been filed by defendants No. 3 and 4 and R.S.A. No. 2189 of 1985 has been filed by the plaintiffs. In these appeals, the following substantial questions of law are involved :-

1. Whether the alienation made by a co-sharer by way of gift of specific khasra number out of the joint khewat would be an alienation of the share out of the joint land, and in view of the said alienation, the donee will become a co-sharer in the joint khewat?

2 Whether the suit filed by the plaintiff for declaring him as owner of the property on the basis of adverse possession of the land belonging to his co-sharer has to prove his title by adverse possession by specifically pleading and proving the complete ouster of the co-sharer as well as the animus possidendi from a particular date ?

2. The brief facts of the case are that three brothers, namely, Biru, Ganga Ram and Bhambhu, were the co-owners in a joint khewat comprising of 269 kanals 6 marlas Hazara Singh and another, Appellants V/s. Faqiria of land. In the year 1916 two brothers, namely, Biru and Ganga Ram gifte






























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