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2014 Supreme(P&H) 1319

RAMESHWAR SINGH MALIK
Gram Panchayat – Appellant
Versus
Ram Sarup – Respondent


Advocates:
For the Appellant :Yadvinder Singh Turka, Advocate

Rameshwar Singh Malik, J.

1. Present appeal, at the instance of defendant-Gram Panchayat, is directed against the judgment of reversal passed by the learned first appellate court, whereby the first appeal of the plaintiff was partly allowed, declaring his suit for declaration and permanent injunction.

2. Briefly put, facts of the case as noticed by the learned first appellate court in paras 2 and 3 of the impugned judgment, are that, plaintiff filed this suit for declaration to the effect that he is in possession of land comprised in khewat/khatauni No. 388 min/475, khasra No. 34//15/2, 16/2, 17 total measuring 13 kanals 16 marlas situated in village Duliana, Tehsil Barara, Distt. Ambala (hereinafter referred to as the suit land) and revenue entries showing the defendant as owner of the land and Parama Nand in possession of the same are incorrect, null and void, ineffective qua the rights of the plaintiff and the mutation in the name of Gram Panchayat on the basis of the notification is null and void, in effective qua the rights of the plaintiff with consequential relief of rectifying the same in the name of the plaintiff in the column of cultivation instead of Parma Nand and restrai
























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