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1974 Supreme(P&H) 137

R.S.NARULA, PREM CHAND JAIN
Arjan Singh – Appellant
Versus
Kartar Singh – Respondent


Judgment

1. The land for the possession of which the plaintiffs-appellants filed the instant suit was originally sold by Harnam Singh on October 16, 1930, to Lal Singh and Hira Singh. Buta Singh, the father of the plaintiffs-appellants, successfully challenged the alienation and got the usual declaratory decree on June 18, 1934, to the effect that the alienation would not bind them, and would not affect their reversionary interest. Harnam Singh subsequently died and the date of his death is in dispute. The plaintiffs-appellants did not even mention any precise date of his death in the plaint, dated April 25, 1967, wherein they merely said that Harnam Singh had died about a week earlier. That plea has been interpreted by the appellants to suggest that Harnam Singh had died on or about April 18, 1967, though in the course of arguments at the earlier stage of this case, they had sometime suggested April 16, 1967, as the date of his death possibly on the basis of some deposition in the trial Court. In the suit which has given rise to this appeal, which was, as already stated, filed on April 25, 1967, for possession of the land in dispute against the successors of the original alienees,








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