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1997 Supreme(P&H) 1526

B.RAI
Jiwan – Appellant
Versus
Ram Sarup (Died) Through His L. Rs – Respondent


Judgment

B.Rai, J.

1. Regular Second Appeals Nos. 1991 of 1979 and 790 of 1980 involve common questions of law and fact, therefore, both these appeals shall be decided by a common judgment.

2. Facts leading to the filing of Regular Second Appeal No. 1991 of 1979 may be, briefly, recapitulated. Land measuring 9 Bighas 9 Biswas comprised in Khasra No. 541 situated in the revenue estate of Village Khabra Kalan, Tehsil Fatehabad, District Hissar, is being cultivated by Jiwan son of Hukma. Prior to Jiwan, his predecessors-in-interest had been cultivating the said land, on a nominal rent under Moman etc. Jiwan had filed a suit for declaration of Marusi rights which was decreed by the Revenue Court, vide order dated December 7, 1962 and he was declared Marusi tenant over the land in suit. After consolidation, Jiwan plaintiff was allotted land bearing Khasra No. 25/2(4-0) of Rectangle No. 39 and Khasra Nos. 5(7-8), 6(7-8), 7/1(4-16) of Rectangle No. 64, total area measuring 23 kanals 12 Marias in lieu of his old Khasra No. 541., Jiwan was settled as tenant under Gulzar Singh son of Ram Ditta, Kunda son of Norang, Gurdial son of Bhadan Singh, and Jiwan plaintiff is in possession of those Kha





































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