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2004 Supreme(P&H) 67

M.M.KUMAR
Sher Singh – Appellant
Versus
Man – Respondent


Judgment

M.M.Kumar, J.

1. This is plaintiffs appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) challenging concurrent findings of facts recorded by both the courts below holding that the plaintiff-appellants have not been able to prove themselves as the sons of defendant-respondent Mann Singh. It further held that the land in dispute held by defendant-respondent Mann Singh is ancestral and in the absence of proof that the plaintiff-appellants are the sons of defendant-respondent, no permanent prohibitory injunction against defendant-respondent Mann Singh could be issued.

2. The plaintiff-appellant namely Shri Sher Singh along with his brother Bhagwana plaintiff-respondent No.2 filed civil suit No. 184 of 17.6.1977 against the defendant-respondents with a prayer that defendant-respondent Mann Singh be restrained from alienating the ancestral and coparcenary agricultural land. A further prayer was made that the defendant-respondent be restrained from interfering in the use of the suit land by the plaintiff-appellant and plaintiff-respondent No.2 on the ground that it was coparcenary and ancestral property. It was alleged that the defendant-resp



















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