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2016 Supreme(P&H) 1156

SHEKHER DHAWAN
Marru Ram – Appellant
Versus
Kheta Ram (since deceased) through LRs. – Respondent


Advocates Appeared:
For the Appellants : Mr. L.S. Sidhu.
For the Legal Representatives of Respondents: Mr. R.V.S. Chugh, Mr. Radheshyam Sharma.

JUDGMENT :

Mr. Shekher Dhawan, J.

Present regular second appeal, filed by the plaintiff, against judgment & decree dated 25.9.2009, passed by learned Additional District Judge, Mansa, whereby judgment & decree dated 20.8.2008, passed by learned Additional Civil Judge (Senior Division), Sardulgarh was set aside.

2. For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.

3. Relevant facts of the case as set up by the plaintiff that he had filed suit for declaration on the ground that he is joint owner in possession of the suit property on the basis of registered Will No. 371 dated 17.3.1966 of Ravat Ram. Defendants have no concern with the suit land but they got it mutated vide mutations No. 2934 dated 15.1.1976 & No. 3953 dated 3.7.1992, which are wrong, illegal and against law and fact, the same are liable to be set aside. Plaintiff also sought relief of permanent injunction restraining defendants No.1 to 12 from alienating the suit land more than their share.

4. Defendants contested the suit on the ground that the suit land was owned by Ravat Ram. Relationship of Ravat Ram and Seo Ram as well as pedigree table was also admitted






























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