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2015 Supreme(P&H) 1291

RAJ MOHAN SINGH
Shiv Dei Enterprises – Appellant
Versus
Udami – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Vikas Mohan Gupta, Advocate.
For the Respondents No. 1:Vikas Singh, Advocate.
For the Respondent Nos. 2 to 12 (deleted vide order dated 15.12.1992).

JUDGMENT

Raj Mohan Singh, J. - Defendants No. 12 and 1 are in second appeal against the judgment and decree dated 23.05.1989 passed by Additional District Judge, Sirsa, vide which judgment and decree dated 15.01.1987 passed by Senior Sub-Judge, Sirsa, was reversed and the suit of the plaintiff was decreed in toto.

2. Facts of the case are that plaintiff-Udami filed suit for permanent injunction against the defendants seeking restraint order from interfering in his possession over the suit land measuring 20 kanal 18 marla and also for possession of an area measuring 45' x 65' of Rect. No.302, Killa No.2/2 min (0-11). The case of the plaintiff was that he was an ejected tenant and was allotted 65 kanal 12 marla of land in the area of Ellenabad, which included the suit land. Possession was delivered to him by the Surplus Authorities on 23.05.1970 and Rapat No.374 was entered by the Revenue Patwari.

3. It was alleged that the suit land was previously under the tenancy of Bahadur and Bhaga sons of Shera. When they started interfering in the possession of the plaintiff, he filed a Civil Suit No.260 of 1971 against them. Bahadur and Bhaga had claimed their possession in the said suit and the












































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