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2014 Supreme(P&H) 842

RAKESH KUMAR GARG
Satish Chander – Appellant
Versus
Savitri Devi – Respondent


Advocates:
Advocate Appeared
Mr. R.S. Manhas, Advocate for the appellants. Mr. R.S. Chauhan, Advocate for the respondents.

JUDGMENT

RAKESH KUMAR GARG, J.

As per the averments made in the suit, property measuring 24 Kanals 13 Marlas, as detailed in the head note of the plaint, is the joint ownership of Taraf Brahmins to the extent of 30 shares out of 90 shares and the appellants, being Brahmins of village Dohar, hold 6 ¼ shares therein in the entire Khewat No.18 as per copy of Jamabandi for the year 198485. According to the appellants, there stood 140 trees (i.e. 60 Rajain trees, 15 Mango trees, 10 Sarinh trees, 15 Dhamman trees and 40 Eucalyptus trees) in the suit property. The appellants, who are joint owners of the land also hold joint interest in the trees standing therein, whereas the defendants were having no title in the suit property except that their names were recorded as tenants at will in Khasra No.95 of the Jamabandi. According to the appellants, the defendants being tenants have neither any right to cut any tree nor to raise any type of construction or change user of the property except with the consent of the landlord. According to them, the defendants never cultivated the suit property and entries in the revenue record were false and frivolous. Since the defendant respondents threatened


















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