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2003 Supreme(P&H) 1470

SATISH KUMAR MITTAL
Gurdev Singh – Appellant
Versus
Shakuntla – Respondent


Judgment

Satish Kumar Mittal, J.

1. This is defendants Regular Second Appeal against the judgment and decree dated 13.12.1982 passed by the learned Additional District Judge, Jalandhar vide which the suit of the plaintiff-respondents for possession of the land in question was decreed, whereas the same was dismissed by the trial Court.

2. In this appeal, the controversy is about the land measuring 9 Kanals 15 Marlas, which was owned by one Munshi Ram. The instant suit for possession was filed by his two daughters, namely, Smt. Shakuntla and Smt. Satya Devi against defendant No. 1-Gurdev Singh (appellant herein), who is their cousin, on the basis of the title by alleging that their father was the owner in possession of the land in question and after his death on 3.9.1978, they inherited the land in question. It was alleged that defendant No. 1 got sanctioned the mutation in his favour regarding the land in question on the basis of the Will, though no such Will was ever executed by their father, and if there was any such Will, the same was the result of fraud and misrepresentation. Therefore, they are entitled for possession of the land in question which was illegally taken by the defe
























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