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2010 Supreme(P&H) 554

RAKESH KUMAR GARG
Mukhtiar Singh – Appellant
Versus
Phool Singh – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is defendants second appeal challenging the judgment and decrees of the courts below whereby suit of the plaintiff-respondent for declaration has been decreed and it has been held that the plaintiff-respondent is entitled to recover the possession on the basis of his title and is also entitled to get correction of Tatima of Khasra No.806//14 mineast (0-18) situated at village Beer, District Hissar, as per the decree. Brief facts of the case are that the plaintiff- respondent and his brother Surja were the owners of Khasra No.806//13/2 (1-3), 14 (8-18), 15 (8-0), 16 (8-0), 17 (8-0), 24 (8-0), 25 (8-0) total measuring 50 kanal 1 marla situated at Beer, Hissar. Defendant/appellants had purchased 31 kanals 18 marlas from Surja vide sale deed No.6911 dated 20.12.1990 and mutation No.64 dated 9.5.1991 was sanctioned in their favour on the basis of the said sale deed. As per the decree dated 14.5.1991 passed in Civil Suit No.557-C titled as "phool Singh vs. Surja" on the basis of family settlement, plaintiff became owner in possession of remaining land measuring 18 kanal 3 marla, i. e. , suit land in question. Mutation No.53 dated 24.11.1990 was also



















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