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1984 Supreme(P&H) 15

PRITPAL SINGH
Natha Singh – Appellant
Versus
Bikkar Singh – Respondent


Judgment

Pritpal Singh, J.

1. This is a second appeal by the defendants Natha Singh and five others against the judgment and decree dated April 5, 1976 of the District Judge, Faridkot, affirming the decision of the trial Court by which a decree for possession of the suit land was passed in favour of the plaintiffs-respondents Bikkar Singh and Baljinder Singh against them.

2. The undisputed facts are that Gurnam Kaur was owner of the land in dispute situated in village Kameana in District Faridkot. She made a gift of this land in favour of the plaintiffs Bikkar Singh and Baljinder Singh. The land was in possession of the defendants-appellants. A suit for possession was filed by the plaintiffs against the appellants on the plea that the latter were in illegal occupation of the same. The appellants inter alia pleaded that Nachhattar Singh, one of them is tenant of the land and as such he can be ejected only in due course of law in a proper forum. The trial Court, as well as the first appellate Court discounted the plea of the appellants and held that the possession of Nachhattar Singh is not proved to be in the capacity of a tenant. As a net result of this finding the plaintiffs suit f


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