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1998 Supreme(P&H) 192

V.S.AGGARWAL
Satnam Singh alias Sattu – Appellant
Versus
Karam Singh – Respondent


Advocates Appeared:
For the Petitioner:. Parveen Kumar, Advocate.
For the Respondent:R.S. Chauhan, Advocate.


ORDER

V.S. Aggarwal, J. - Karam Singh, respondent had filed a suit for possession of area measuring 1 Marlas 3 Sarsahis, situated in village Ajnoha, Tehsil Garhshankar. The claim of respondent No. 1 was that he is exclusive owner of the property in question. The appellant and other respondents Nos. 2 to 5 have, illegally and forcibly, taken possession of the site without any right, title or interest. The said suit had been contested by the appellant and by Harbhajan Singh and Amarjit Singh. In their written statement, they denied the locus-standi of respondent No. 1 to file the suit. Their contention was that the site in dispute does not form part of Khasra No. 477 and that respondent no. 1 is estopped from filing the suit by his own act and conduct. In the alternative, it was pointed out that even if it is proved that it forms part of the Khasra No. 477, even then, respondent No. 1 is not entitled to take possession of the same, because the property in question is in possession of Karam Singh through Satnam Singh, appellant.

2. The learned Civil Judge, Garhshankar framed the issues and after recording of the evidence held that the respondents have been recorded to be joint owners o











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