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2011 Supreme(P&H) 764

L.N.MITTAL
Raghbir Singh – Appellant
Versus
Balak Ram – Respondent


Advocates:
For the Appellant:Mr. Dinesh Ghai, Advocate.
For the Respondents:Mr. NK Joshi, Advocate.

JUDGMENT

Mr. L.N. Mittal, J. (Oral).:- Plaintiff Raghbir Singh who was successful in the trial court but has been non-suited by the lower appellate court has come up by way of instant second appeal.

2. Plaintiff filed suit against respondents/defendants alleging that plaintiff is in possession of the suit land measuring 3 bighas 18 biswas comprised of khasra no. 568 since the time of his fore-fathers who were cultivating the suit land on batai/rent. Plaintiff purchased the suit land vide registered sale deed dated 23.11.2001 from Mohinderjit Singh Puri through his attorney and thus, the plaintiff is now owner as well as in possession of the suit land but the defendants threatened to dispossess him therefrom necessitating the filing of the instant suit for permanent injunction restraining the defendants from interfering in plaintiff’s possession over the suit land.

3. Defendants denied the plaint allegations and pleaded that vide sale deed dated 22.4.2002 registered on 13.5.2002 defendants have purchased 7 bighas 16 biswas land of khasra no. 568 including suit land from Diwan Chand and since then the defendants are owners in possession thereof and prior to them their vendor Diwan Ch











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