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2016 Supreme(P&H) 1633

JITENDRA CHAUHAN
Des Raj – Appellant
Versus
Roshan Lal – Respondent


Advocates Appeared:
For the Appellants :Mr. H.S. Bajwa, Advocate.
For the Respondents:Mr. G.S. Jaswal, Advocate.

JUDGMENT :

JITENDRA CHAUHAN, J.

1. This regular second appeal has been filed by the defendants against the judgment and decree dated 15.12.1986, passed by Additional District Judge, Hoshiarpur vide which the appeal filed by the plaintiffs was allowed and set aside the judgment and decree dated 24.01.1986, passed by the trial Court whereby, the suit of the plaintiffs was dismissed.

2. For the sake of convenience, the parties are referred to as they are mentioned in the judgment of the trial Court.

3. The brief facts of the case are that the plaintiffs filed suit for declaration to the effect that they are owners of the land measuring 14 kanals 8 marlas fully detailed in the head note of the plaint situated in Village Bhater, H.B. No. 608, Tehsil Dasuya as per jamabandi for the year 1981-82 and they are in possession of land as co-sharers in the Khata and the rights of the defendants have extinguished by lapse of time and operation of law. The defendants have ceased to be owner/cosharer in the above said land and in the alternative suit for possession of this land. The suit land was mortgaged by one Beli predecessor-in-interest of the defendants in favour of Bhagat Ram and Ram Chand sons



















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