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2010 Supreme(P&H) 294

RAKESH KUMAR GARG
Angrej Singh – Appellant
Versus
Jhandu Alias Jhandi Alias Miadi – Respondent


Judgment

Rakesh Kumar Garg, J.

1. This is defendants Regular Second Appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff-respondents for separate possession of 3/5th share of Gair Mumkin Abadi land measuring 0 kanal 11 marlas comprising in Khasra No.197//132/1 (0-11) situated at village Bagha, Tehsil Talwandi Sabo, District Bathinda, by way of partition of the land in dispute, has been decreed by passing a preliminary decree.

2. Briefly stated, the facts of the case are that the plaintiff-respondents filed the present suit for partition of the suit land on the ground that they were co-sharers and were in joint possession. It was further submitted that they had 3/5th share in the suit land and the property being joint, they were unable to make full use of their land. The defendant-appellants refused to partition the suit land, hence this suit.

3. Upon notice, defendant-appellants appeared and contested the suit raising various preliminary objections including that the defendant-appellants have become owners of the suit land measuring 11 marlas by way of adverse possession. On merits, it was further stated that the plaintiff-respondents were ne


















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