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1973 Supreme(P&H) 129

PREM CHAND JAIN, HARBANS SINGH
Hakam Singh – Appellant
Versus
Jaswant Singh – Respondent


Judgment

Prem Chand Jain, J.

1. In order to appreciate the controversy raised be fore me, some salient features of the case may be noticed which are as follows:-

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Jaswant Singh and Pritam Singh, minors, though Harbans Singh, their uncle, filed a suit for possession of land measuring 125 Kanals and 14 Marlas, on the allegation that their mother Smt. Kartar Kaur sold the disputed land without the permission of the Court, in favour of Hakam Singh. The suit was decreed by the trial Court and on appeal the judgment and decree of the trial Court were affirmed by the Additional District Judge, Ferozepur; Still dissatisfied, Hakam Singh preferred R. S. A. No. 1712 of 1968 in this Court which came up for preliminary hearing before me on 8th November, 1968. After hearing the learned counsel for the appellant, I sent for the records. The case was again put up for preliminary hearing before me on 10th December, 1968, but finding no merit in the appeal. I dismissed the same in limine, on that very day. It seems that at the time of execution it transpired that while giving details of Killa numbers which were sold to Hakam Singh, Killa No. 4 of rectangle No. 34, measuring 8 Kanals was omitted at























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