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2009 Supreme(P&H) 673

MAHESH GROVER
Harpinder Singh – Appellant
Versus
Wazir Singh (since deceased) through L. Rs. – Respondent


Advocates:
For the Appellant:Mr. D.S. Bali, Sr. Advocate with Shri Salil Bali, Advocate.
For the Respondents:Mr. B.S. Bedi, Advocate.

JUDGMENT

Mahesh Grover, J.:- This Regular Second Appeal is directed against judgments and decrees dated 15.6.2002 and 30.3.2005 passed respectively by the Additional Civil Judge (Senior Division), Karnal (hereinafter referred to as ‘the trial Court’) and the Additional District Judge, Karnal (described hereinafter as ‘the First Appellate Court’) whereby the suit of plaintiff- Wazir Singh (since deceased and represented now by his legal representatives) was decreed and the appeal of the defendants-appellants was dismissed.

2. Wazir Singh initially filed suit against the appellants for permanent injunction. Subsequently, the plaint was permitted to be amended on an application filed by him as it was alleged that the possession of the suit land had forcibly been taken by the appellants. Accordingly, a prayer for passing a decree for possession of the suit land was made. It was pleaded that he was in possession of the land measuring 157 kanals 7 marlas as lessee on the basis of lease deed dated 18.7.1983. It was further pleaded that Bhagwan Singh son of Gurdit Singh was the owner of the suit land at that time and he had executed the registered lease deed in favour of Wazir Singh for a p


























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