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2003 Supreme(P&H) 229

AMAR DUTT
Chameli Devi – Appellant
Versus
Suresh Chand – Respondent


Judgment

Amar Dutt, J.

1. The facts giving rise to the filing of the present appeal are that the land in dispute, which is situated in Khasra No. 1545 measuring 5 Kanals 0.6 Marlas belonged to one Karta Kishan. Out of this land, he had sold 340 Sq. yards to one Sham Lal on 24.2.1966, who in turn sold the same to five persons, namely, Jhunda 100 Sq.yards on 2.3.1966, Jag Ram 25 Sq.yards on 8.3.1966, Chatter Ram 150 Sq. yards on 5.3.1966, Pirthi and Laxmi 46 Sq.yards on 28.3.1966 and Lajpat Rai 46-2/9 Sq.yards on 28.3.1966. In all he sold 367-2/9 Sq.yards. Petitioner No. 1 being the widow of Karta Kishan along with his sons filed a civil suit against the alieness, namely. Sham Lal, Lajpat Rai, Laxmi, Pirthi, Jhunda, Jag Ram and Chaudhary Ram. These vendees in turn had further alienated the land to Suresh Chand and others, who were not impleaded in the suit despite the fact that in the written statement filed by Lajpat Rai, it had been specifically mentioned that the suit land had been sold to Dhanpat Rai and he had no interest in the same. On the property so purchased by him, Lajpat Rai had constructed three shops one of which he had sold to Nanak Chand on 22.12.1969, who in turn had











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