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2010 Supreme(P&H) 1669

RAKESH KUMAR JAIN
Raj Kumar – Appellant
Versus
Rohtash – Respondent


Advocates:
For the Appellants:Mr. Sanjay Vashisth, Advocate.
For the Respondents No.1 and 3 to 6:Mr. A.K .Goel, Advocate.

JUDGMENT

Rakesh Kumar Jain, J.:- The appellants are the legal representatives of plaintiff Sheo Raj Singh, who have filed the present appeal challenging the judgment and decree of learned District Judge, Bhiwani dated 6.2.2008 by which the judgment and decree of learned Civil Judge (Sr.Divn.) Bhiwani dated 23.11.2004 in favour of the plaintiff has been reversed.

2. The pleaded case of the plaintiff Sheo Raj Singh is that he was owner in possession of land falling in Khewat No.16/16 Min Khatoni No.38/1, Khasra Nos.272//19(8-0) 20/1(1-6) total measuring 9 kanals 6 marlas as per jamabandi for the year 1977-78 but the entry in the column of cultivation appearing in the name of Ved Parkash s/o Jagan as Gair Marusi is illegal, null and void and is liable to be corrected and further the defendants be restrained from interfering in their peaceful possession over the property in dispute. It is alleged that land falling in Khasra No.272/19, 20, 21, 22, 282/1,2, 10/1 and 283/4/2 and 5 total measuring 64 kanals 13 marlas was jointly owned by him and his brothers which was cultivated by Ved Parkash son of Jagan (predecessor-in-interest of the defendants) as a Gair Marusi tenant. After the death













































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