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2015 Supreme(P&H) 1790

SNEH PRASHAR
Satya Devi – Appellant
Versus
Bua Dass – Respondent


Advocates Appeared:
For the Appellant : K.S. Rekhi.
For the Respondents: M.S. Rakkar, P.S. Batth.

JUDGMENT :

Sneh Prashar, J.

This was second appeal filed by appellants-defendants Satya Devi and others (hereinafter referred to as the "appellants") impugning the judgment and decree dated 31.10.1986 passed in Civil Suit No.252 of 17.10.1984 by learned Additional Senior Sub Judge, Gurdaspur, decreeing the suit for mandatory injunction filed by plaintiffs-respondents Bua Dass and others (hereinafter referred to as the "respondents") which was upheld by the first appellate Court vide judgment dated 13.11.1987.

2. Precisely, the facts which need elaboration are that respondents Bua Dass and others filed a suit for grant of mandatory injunction directing appellants Satya Devi and others to vacate the two rooms and the portion of the courtyard shown by letters ABCD in the site plan Ex.P4 (hereinafter referred to as the "suit property") on the averments that the house was originally owned by Hari Ram, their grandfather and he had bequeathed the same in their favour by executing a will dated 09.11.1968 (Ex.P1) on account of love and affection. Smt. Labh Kaur, predecessor-in-interest of the appellants, was permitted to live in a portion of the house i.e. the suit property under the will. Aft


























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