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1976 Supreme(P&H) 9

A.D.KOSHAL
Sajjan Singh – Appellant
Versus
Ganga Ram – Respondent


Judgment

1. This petition u/s. 115 of the Code of Civil Procedure has arisen from a suit instituted by four persons named Ganga Ram, Kundan Lal, Partap Singh and Ujagar Singh on the following allegations. Arjan Singh defendant No. 2 owned 1/4th share in land measuring 74 Bighas and 6 Biswas. He sold two thirds of that share in favour of Partap Singh plaintiff and Sham Singh, father of Ujagar Singh plaintiff, through a sale deed dated 1-3-2001 BK. Thereafter on the 7th of January, 1957, Partap Singh plaintiff sold his 1/12th share in the said area to Kundan Lal plaintiff (vide sale deed Exhibit P. 1). More than a year later Ganga Ram plaintiff purchased the 1/12th share held by Sham Singh in the said area from the latter on the 21st of June, 1958 (vide sale deed Exhibit P. W. 3/A).

In the suit which has instituted on the 25th of March, 1970, possession was claimed by the four plaintiffs of certain specific Khasra numbers or, in the alternative, of an undivided 1/6th share in the said area.

The defendants to the suit were Arjan Singh aforesaid and 12 others including Sajjan Singh defendant No. 1 who claimed to be a purchaser from Arjan Singh defendant No. 2 and who pleaded that no sal






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