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2007 Supreme(P&H) 1265

VINOD K.SHARMA
Kuldeep Singh – Appellant
Versus
Gurdial Singh alias Dial Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. S.D. Sharma, Sr. Advocate with Mr. Gurcharan Singh and Ms. Bindu Goel, Advocate.
For the Respondents:Mr. K.S. Cheema, Advocate.

JUDGMENT

Vinod K. Sharma, J. - This order shall dispose of two regular second appeals bearing Nos. 2056 of 1993 and 2843 of 1980 titled Kuldeep Singh and others v. Gurdial Singh alias Dial Singh and others and Bhajan Singh v. Mehma Singh and another, respectively.

For facility facts are being taken from RSA No. 2056 of 1993.

Present regular second appeal has been filed against the judgments and decrees passed by the learned courts below vide which a decree of separate possession in favour of the plaintiffs to the extent of 66 kanals 12 marlas out of the ancestral land and to the extent of 1/2 share of 8 kanals 6 marlas was passed.

2. The plaintiff-appellants had filed a suit for declaration claiming therein that the plaintiff Nos. 1 to 5 and defendant Nos. 1 to 11 and 13 are joint owners of the suit property as co-parceners, and being heirs of Mehma Singh and also that plaintiff Nos. 1 to 5 and defendant No. 13 being heirs of Bhajan Singh and consequently the plaintiffs and defendants are entitled to get joint possession of the suit property and also separate possession by partition of their respective shares and that the collusive decree in suit No. 422 of 1978 decided on 5.8.1978






















































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