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1997 Supreme(P&H) 498

B.RAI
Gurpal Singh – Appellant
Versus
Darshan Singh – Respondent


Judgment

B.Rai, J.

1. This Regular Second Appeal has been filed by Gurpal Singh plaintiff against the judgment and decree, dated October 11, 1979 of the Court of learned Additional District Judge, Patiala (I), dismissing the, appeal of the plaintiffs and affirming the judgment and decree, dated September 18, 1976 of the Court of Subordinate Judge First Class, Patiala.

2. Briefly, the facts are that one Sarmukh Singh had three sons and a daughter, namely, Phuman Singh, Kehar Singh, Kishan Singh and Daya Kaur. Gurpal Singh and Gurdial Singh plaintiffs are sons of Daya Kaur. Harchand Singh son of Kehar Singh had six sons, namely, Darshan Singh, Nachhattar Singh, Sukhdev Singh, Ranjit Singh, Randhir Singh, Choota Singh, defendants 1 to 5 and Jang Singh (since dead). Nazar Singh defendant No. 6 is son and Bhupinder kaur defendant No.7 is widow of Jang Singh. Property of Phuman Singh who died issueless without leaving behind any widow, is land measuring 67 Bighas 9 Biswas fully described in the headnote of the plaint is the bone of contention between the parties. Gurpal Singh and Gurdial Singh being the sons of Daya Kaur sister of Phuman Singh filed a suit" for possession on the basis of






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