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2003 Supreme(P&H) 34

VINEY MITTAL
Jagjit Singh – Appellant
Versus
Dalip Kaur – Respondent


Judgment

Viney Mittal, J.

1. Having remained unsuccessful before the two Courts below, the plaintiffs Jagjit Singh and Amrik Singh sons of Pal Singh have now filed the present regular second appeal. The judgments and decree passed by the learned Courts below have been challenged by them.

2. Certain facts be noticed.

One Labh Singh had two sons namely Pal Singh and Kartar Singh. Kartar Singh died in the year 1948 leaving behind his widow Dalip Kaur and his son Surjit Singh. However, Dalip Kaur remarried after the death of Kartar Singh and as such the estate of Kartar Singh was succeeded by Surjit Singh his son. The aforesaid Surjit Singh also died in the year 1964. The property left behind by Surjit Singh was mutated in the name of Dalip Kaur (his mother).

3. The present suit for permanent injunction has been filed by Jagjit Singh and Amrik Singh for restraining defendant No. 1 Dalip Kaur from alienating any part out of the land measuring 148 Kanals 13 marlas and also not to interfere into their possession. The plaintiffs being sons of Pal Singh have claimed that their grandfather Labh Singh had already died in Pakistan and his land was mutated in the name of Pal Singh and Kartar Sin





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