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2009 Supreme(P&H) 2024

SABINA
Harbans Lal And Others – Appellant
Versus
Devinder Kumar And Others – Respondent


Judgment

Sabina, J.

1. Plaintiffs-respondents No. 1 and 2 filed a suit for possession, which was decreed by the Sub Judge 1st Class, Ludhiana, vide judgment and decree dated 24.02.1994. Aggrieved by the same, defendants No. 1 to 3 and 11 preferred an appeal, the same was dismissed by the learned District Judge, Ludhiana, vide judgment and decree dated 22.09.1995. Hence, the present appeal by the defendants.

2. Brief facts of the case, as noticed by the lower Appellate Court in paras 1 to 5 of its judgment read as under :

"1. Rajinder Kumar son of Shri Faqir Chand, instituted suit for the possession of shop No.B.I.X.1719, situated in Saban Bazar, Ludhiana, shown as red in plan attached to the plaint against, Harbans Lal and others. It is alleged in the plaint that Faqir Chand was the owner of this property. He was father of Rajinder Kumar plaintiff. Earlier this building was bearing No. B.VII.1384. Shri Faqir Chand had purchased this property vide sale deed dated 14.1.1971. Shri Faqir Chand died on 22.7.1978. Shri Rajinder Kumar, plaintiff, is the owner of this property (shop) as late Shri Faqir Chand had executed a legal and valid will in favour of Rajinder Kumar. Rajinder Kumar was




























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