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2011 Supreme(P&H) 1445

KANWALJIT SINGH AHLUWALIA
Prem Chand – Appellant
Versus
Sushila – Respondent


Advocates:
For the Appellant:Mr. R.S. Mamli, Advocate.
For the Respondents:Mr. Ravindra Jain, Advocate.

JUDGMENT

Mr. Kanwaljit Singh Ahluwalia, J. (Oral) - Having lost in two rounds of litigation, the plaintiff has approached this Court by preferring the present regular second appeal. Appellant-plaintiff had filed a suit for declaration to the effect that he is owner in possession of the land measuring 64 Kanals 16 Marlas, the details and description whereof have been given in the head-note of the plaint. It was further prayed that a decree for permanent injunction be granted restraining the defendants not to dispossess the appellantplaintiff from the suit land by way of execution of orders dated 6th September, 1991 and 7th October, 1991 passed by the Court of Assistant Collector (2nd Grade), Jagadhri under Section 14(A)(2) of the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as, ‘the Land Tenures Act’).

2. It was pleaded in the suit that originally Juna and his brother were inducted as tenants in the suit land by the forefathers of defendants on a promise that they would not be ejected from the land in dispute. It was stated that when the lease deed was given to the ancestors of plaintiff, the land in dispute was full of shrubs and bushes, and due to the hard-wor










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