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2002 Supreme(P&H) 1277

V.M.JAIN
Parkasho Devi – Appellant
Versus
Tarsem Lal – Respondent


Judgment

1. This Regular Second Appeal has been filed by the plaintiffs, against the judgment and decree, passed by the Additional District Judge, whereby the Appeal, filed by the defendants, was accepted, the judgment and decree of the learned trial Court, were set aside and the suit of the plaintiffs was dismissed.

2. The facts, in brief, are that the plaintiffs, Smt. Parkasho Devi, etc., filed a suit for permanent injunction against the defendants, restraining them from interfering or forcibly dispossessing the plaintiffs from the suit land. It was alleged that Chuni Lal, predecessor-in-interest of the plaintiffs, was in cultivating possession of the suit land under the owners, namely Ajit Singh, etc., and that after the death of Chuni Lal, the plaintiffs were in cultivating possession of the suit land, being the widow and sons of Chuni Lal and they were paying rent to the land-owners. It was alleged that the defendants had no right, title or interest in the suit land and were threatening to take forcible possession of the suit land from the plaintiffs. In the written statement filed by the defendants, it was alleged that the plaintiffs were not in possession of the suit land. It










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