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2001 Supreme(P&H) 1235

M.M.KUMAR
Ismail (Deceased) – Appellant
Versus
Shame Singh – Respondent


Advocates Appeared:
For the Appellants :Shri V.K. Jain, Senior Advocate with Ms. Bhawna Walia, Advocate.
For the Respondents:Shri Sanjay Majithia, Advocate.

JUDGMENT

M.M. Kumar, J. - This is plaintiffs second appeal directed against the judgment and decree passed by the Additional District Judge, Gurgaon on 4.2.1980. The learned Addl. District Judge partially modified the judgment and decree dated 30.11.1978 passed by the learned Senior Sub Judge, Gurgaon.

2. The case set up by the plaintiff-appellants (for brevity "the plaintiffs) before the trial Court is that they were owners of 1/4th share of agricultural land measuring 88 bighas 8 biswas bearing Khewat No. 92 Khatauni numbers 201 to 210 situated in the revenue estate of village Sakatpur, Tehsil and District Gurgaon. The afore-mentioned land at one stage was shown to be evacuee property and the plaintiffs were restored the aforementioned land in pursuance to an order passed on 11.7.1950 by the Deputy Custodian, Gurgaon under Section 16 of the Administration of Evacuee Property Act, 1950 and the revenue Patwari was directed to make necessary corrections in the revenue record. It was claimed that they continue to be owners of the afore-mentioned land. It was further asserted that during consolidation the land bearing Khewat No. 281 Khata No. 320 Rect. No. 39 Killa No. 19/2 (1-5), 21/1































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