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2009 Supreme(P&H) 2083

SHAM SUNDER
Mohinder Singh – Appellant
Versus
Shamsher Singh – Respondent


Judgment

Sham Sunder, J.

1. This appeal, is directed, against the judgement and decree, dated 13.03.01, rendered by the Court of Civil Judge (Junior Division), Rupnagar, vide which, it decreed the suit of the plaintiffs, and, the judgement and decree, dated 17.05.02, rendered by the Court of Additional District Judge, Rupnagar, vide which, it dismissed the appeal.

2. The facts, in brief, are that, the plaintiff, as per the policy of the Punjab Government, being belonging to the Scheduled Caste Category, was allotted 5 acres of land, equal to 25B-6B, in village Gharispur and Bara Surtapur, near Surapur Farm, vide order dated 12.12.72. The consolidation proceedings, took place, in village Gharispur and Bara Surtapurk. As per jamabandi, for the year 1990-91, the land, measuring 11 kanals 9 marlas, bearing khasra Nos. 20//20, 21/1, 29, and 21, in the area of Gharispur, was also allotted, to the plaintiff, and, as such, total land, measuring 36 kanals 15 marlas, was allotted, to him, though, he was entitled to 42 kanals 3 marlas. It was stated that the land, bearing khasraNo. 20//19/2 and22/l, which was in possession of the plaintiff, was illegally and wrongly allotted, to defendant No.1




















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