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2014 Supreme(P&H) 251

RAKESH KUMAR JAIN
Nirmal Singh – Appellant
Versus
Surjit Singh – Respondent


Advocates:
For the Appellants:Mr. D.S. Gurna, Advocate.

JUDGMENT

Mr. Rakesh Kumar Jain, J.:- The plaintiffs are in appeal against the judgment and decree of both the Courts below. The plaintiffs claims to have purchased the suit land from Resham Kaur wife of late Sohan Singh on 28.4.2000. The mutation of purchase of the property in dispute was sanctioned and their names have been incorporated in the jamabandi for the year 2004-2005 but the defendant, who had no concern with the suit land, claims to be a co-sharer and threatened to dispossess the plaintiffs, hence, the suit is filed.

2. In the written statement, it is pleaded by the defendant that he along with plaintiffs and other persons are co-owners in joint possession which is evident from the jamabandi. After issues were framed, the plaintiffs examined Devi Parkash as PW1, Plaintiff No.1 appeared as PW2 and tendered some documents. It is argued by the plaintiffs that they are in exclusive possession over 3 kanals of land purchased from Resham Kaur vide sale deed dated 28.4.2000 (Ex.P1) whereas the sale deed Ex.P2 relied upon by the defendant, would show that they had purchased 7 marlas of land out of the total land showing the specific boundaries and has no conc












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