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2008 Supreme(P&H) 2066

RAJIVE BHALLA
Chanan Singh – Appellant
Versus
Surjit Singh – Respondent


Advocates:
For the Appellants:Mr. R.C. Setia, Sr. Advocate with Mr.Anish Setia, Advocate.
For the Respondents:Mr. Hemant Sarin, Advocate.

JUDGMENT

Rajive Bhalla, J.:- ­This order shall dispose of RSA Nos.789 of 1981 and 2483 of 2002, as they relate to the same property and as adjudication of RSA No.789 of 1981 would determine the outcome of RSA No.2483 of 2002.

2. The plaintiffs-appellants, in RSA No.789 of 1981 challenge the judgement and decree dated 28.2.1981, passed by the District and Sessions Judge, Sangrur accepting the appeal filed by the respondents, reversing the judgement and decree, passed by the trial Court and as a result dismissing their suit. Respondent no.4 Surjan Singh has filed RSA No.2483 of 2002, challenging the judgement and decree dated 2.3.2002 passed by the Additional District Judge, Sangrur accepting the appeal, setting aside the judgement and decree passed by the Civil Judge (Junior Division), Malerkotla dated 28.7.2001 and as a result dismissing his suit.

3. The appellants filed a suit for ejectment by alleging that they are owners of the suit land as they have a preferential right to succeed to the estate of Jiwa Singh-deceased, as reflected in Mutation No.256 dated 29.2.1964. The respondents filed a written statement claiming that after the demise of Jiwa Singh, parties to the suit effected































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