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1981 Supreme(P&H) 173

J.V.GUPTA
Lehna Singh – Appellant
Versus
Ram Singh – Respondent


Judgment

J.V.Gupta, J.

1. The plaintiff-appellants have filed this appeal against the judgment and decree dated March 1, 1969 of the District Judge, Sangrur, whereby the decree of the trial Court dismissing their suit for obtaining declaration that they were the owners of the suit land, was maintained.

2. The land in dispute was left by Mst. Dharmo, who died somehere in the year 1984-85 B.K. (1927-28 A.D.). Under the law at that time prevailing in the erstwhile Patiala State, the land was taken to be Nazool property. Subsequently, the principles upon which the land could escheat to the State were changed and it was ordered that the land in dispute should go back to the descendants of Toga and Joga of village Sekha. Under these circumstances, the land was mutated on 11.1.1986 B.K. (1929 A.D.) by the Revenue Authorities in favour of defendants Nos. 1 to 5. The land had already been mortgaged by Mst. Dharmo, during her life time, in the year 1975 B.K. (1918 A.D.) in favour of defendants Nos. 6 to 16, who were in possession thereof. The present suit was filed on 15th May, 1965, for declaration to the effect that the plaintiffs are the owners of the suit land measuring 247 Kanals 8 Marla



















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