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2016 Supreme(P&H) 1873

AMIT RAWAL
Mohan Lal – Appellant
Versus
Purshotam Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Puneet Bali, Senior Advocate, Mr. Ranjit Saini, Advocate,
For the Respondents:Mr. Ravish Bansal, Advocate

JUDGMENT :

AMIT RAWAL, J.

1. Appellant-defendant No.1 is aggrieved of the judgment and decree of the Lower Appellate Court, whereby the suit instituted at the instance of the respondent-plaintiffs qua partition has been decreed, though vis-a-vis relief of declaration for setting-aside the revenue entries and Rapat Roznamcha No.313 dated 26.3.1984 has been dismissed being barred by law of limitation.

2. Mr. Puneet Bali, learned Senior Counsel assisted by Mr. Ranjit Saini, representing appellant-defendant No.1, in support of the grounds of appeal, has raised the following manifold arguments:-

(1) Khewat No.178 consists of 103 kanals 7 marlas, whereas the partition has been sought of only 4 kanals 14 marlas of land. In fact, Basanti Devi, vide sale deed dated 7.5.1968, had sold land measuring 4 kanals 14 marlas bearing Khewat No.76, Khatoni No.93, 94 and 95, Khasra No.184//7/2 (3-12), 8/1(1-2) out of total land measuring 127 kanals 7 marlas, as per jamabandi for the year 1962-63, i.e., 1/6th share out of 21 kanals 4 marlas, i.e., 94/424 share which comes to 4 kanals 14 marlas and thereafter to Banwari Lal, father of appellant-defendant No.1 and had put him into specific possession of Khas












































































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