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2009 Supreme(P&H) 1837

SABINA
Balbir Singh Mehta – Appellant
Versus
Shyam Singh – Respondent


Advocates:
For the Petitioner:Mr.Vipul Jindal, Advocate.
For the respondents No.18 to 23:Mr. Pawan Bansal, Sr. Advocate with
Mr. Saqib Ali Khan, Advocate,
For the Respondent No.12:Mr.M.S.Chahal, Advocate,
For the Respondents No. 45 and 46:Ms.Rinky Jha, Advocate,
For the respondents No.53 and L.Rs of respondent No.51:Mr. Y.K. Sharma, Advocate,
For the Respondents No. 25, 28, 29, 32, 39, 40, 42 to 44 and 47:Mr. Ravinder Jain, Advocate,

JUDGMENT

Sabina, J.- Plaintiff Balbir Singh Mehta had filed a suit for declaration to the effect that the plaintiff along with defendants No.2 to 11 are owners in joint possession of ½ share owned and possessed by late Sh. Partap Singh son of Moti Ram in land measuring 30 Bigha 13 Biswa comprised in Khasra No.800/488 (20-7), 802/771 (0-14), 803/489 (4-5), 490 (0-17), 795/770(2-17), 801/771 (1-8), 804/489(0- 5), 794/770 (0-4) Khewat/Khatauni No.313/61 to 563 according to jamabandi for the year 1956-57 situated within the revenue estate of Mauza Yamuna Nagar erstwhile Abdullahpur and the mutation of Succession No.36 of late Partap Singh in favour of Shyam Singh defendant No.1 alone and all the alienations made thereafter by defendant No.1 are not only null and void but are an act of fraud and misrepresentation played with active assistance and connivance of the then registration staff and thus nonest in the eye of law, which does or could not affect the right interest and the share of the plaintiff and defendants No.2 to 11 herein and are also not binding in any manner whatsoever; and consequently for actual physical possession of ½ share of the property detailed above, and for perma













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