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2010 Supreme(P&H) 2302

L.N.MITTAL
Jagjit Singh – Appellant
Versus
Rajwant Singh – Respondent


Advocates:
For the Appellant:Mr. RS Ahluwalia, Advocate.

JUDGMENT

L.N. Mittal, J. (Oral):- Jagjit Singh defendant no. 3 has filed the second appeal having lost in both the courts below.

2. Plaintiff-respondent Rajwant Singh filed suit against Jagjit Singh appellant as defendant no. 3 and against his father Gurnam Singh and brother Manjit Singh as defendants no. 1 and 2 alleging that the plaintiff is in possession of the suit land measuring 6 kanals 12 marlas having taken the same on lease from Karam Singh (brother of defendant no. 1 and uncle of defendants no. 2 and 3) vide Pattanama dated 7.3.1985 and since then the plaintiff is in possession of the suit land. Defendants tried to dispossess the plaintiff from the suit land forcibly and threatened to dispossess him in future. Consequently, the plaintiff sought permanent injunction restraining defendants from dispossessing the plaintiff from the suit land and from interfering in his possession thereof.

3. Defendants, inter alia, pleaded that the suit land was owned by Chanan Singh father of defendant no. 1 and grand father of defendants no. 2 and 3 and in view of his Will dated 15.3.1982, defendants no. 2 and 3 have become owners in possession of the suit land. Karam Singh son of Chanan Si












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