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2016 Supreme(P&H) 423

DARSHAN SINGH
Sukha Singh – Appellant
Versus
Yashpal Singh – Respondent


Advocates:
For the Appellant:Mr. S.C. Chabra, Advocate.

JUDGMENT

Mr. Darshan Singh, J.:- The present appeal has been preferred against the judgment and decree dated 18.02.2015 passed by the learned District Judge, Ferozepur, vide which the appeal preferred against the judgment and decree dated 26.02.2013 passed by the learned Civil Judge (Jr. Division), Ferozepur, has been dismissed.

2. The appellant-plaintiff had instituted the suit for mandatory injunction for issuance of directions to the defendants to handover the physical and vacant possession of the suit property to the plaintiff on the basis of the previous entries in the Cantonment Board record depicting his possession thereupon. As per the case of the appellant-plaintiff, he was the occupier of the suit land for a period of about 20 years upto May 2006. He constructed a Gurudwara Sahib over the suit land by incurring expenses from his own pocket and was performing the duties of Pathi. He was regularly serving at Gurudwara Sahib. He raised the construction in the area measuring 33 feet x 13 feet i.e. 432 Sq. Feet and was also residing therein in two rooms and the courtyard. He had filed an appeal challenging the order of Estate Officer, Cantonment Board, Ferozepur, under Section















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