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2010 Supreme(P&H) 797

VINOD K.SHARMA
Mohinder Kaur – Appellant
Versus
Pargat Singh – Respondent


Judgment

Vinod Kumar Sharma, J.

1 This is defendants appeal against the judgment and decree dated 25.2.1986, passed by the learned Additional District Judge, Sangrur vide which suit filed by the plaintiff/respondent No. 1, for declaration and joint possession, in respect of the agricultural land measuring 123 Bighas 1 Biswa situated in the revenue estate of village Dhura. stands allowed.

2 Plaintiff/respondent No. 1 had also challenged the decree dated 2.11.1983 passed in suit No. 728 of 1983, titled Mohinder Kuar v. Ujjagar Singh to be null and void and ineffective qua, the rights of the plaintiff.

3 Pleaded case of the plaintiff was that previously Ujjagar Singh was married to Smt. Gurnam Kaur. The plaintiff was born out of the said wed-lock. Smt. Gurnam Kaur died when the plaintiff/respondent was only 2-1/2 years old. Shri Ujjagar Singh remarried Mohinder Kaur, defendant No. 2. Darshan Singh and one daughter were born out of this wedlock.

4 The pleaded case of the plaintiff was, that the parties were Jat and therefore, governed by Hindu law in the matter of alienation. The suit land was said to be joint Hindu family, coparcenary property. Defendant No. 1 with the intention of dep





































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