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2007 Supreme(P&H) 2044

K.C.PURI
Dhian Singh – Appellant
Versus
Sheela Devi – Respondent


Advocates:
For the Appellant in R.S.A.Nos.1876 of 1984 & 18 of 1986:Mr.G.S. Jaswal, Advocate.
For the Appellant in R.S.A.No.3498 of 1985:Mr.P.K.Gupta, Advocate.

JUDGMENT

K.C. Puri, J.: - Vide this judgment, I intend to dispose of R.S.A.Nos.1876 of 1984, 3498 of 1985 and 18 of 1986, titled above. However, facts are being extracted from R.S.A.No.3498 of 1985.

2. The brief facts of the case are that one Dhanpat Singh, plaintiff filed a suit for a declaration for declaring sale deeds dated 13 .03 .1981 and 26.05.1981 as illegal, void and ineffective against the rights of the plaintiff and in the alternative he sought possession of the suit land. It is pleaded that the plaintiff is the owner in possession of land measuring 3 kanals 6 Marlas comprised in Khasra No.717 situated in the area of village Premgarh and land measuring 6 Kanals 9 Marlas bearing Khasra No.5122/2138 situated in the area of Sutehri. The plaintiff and defendant Nos.3 to 17 were joint owners in possession of land measuring 24 Kanals 2 Marlas situated in village Sutehri and land measuring 18 Kanals situated at village Premgarh as detailed fully in the plaint. They orally partitioned the joint land on the basis of Kuras prepared by Mul Raj, retired Kanungo. A joint application was filed before the Tehsildar, Hoshiarpur for giving effect to the oral partition in the revenue record
































































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