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2016 Supreme(P&H) 2218

SURINDER GUPTA
Avtar Singh – Appellant
Versus
Jasbir Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. C.L. Sharma.
For the Respondent: Mr. K.S. Cheema.

JUDGMENT :

SURINDER GUPTA, J.

1. This is appeal by Avtar Singh, one of the defendants against the judgment and decree passed by Additional District Judge (Ad hoc), Fast Track Court, Hoshiarpur, whereby he accepted the appeal filed by the plaintiffs Jasbir Singh and others and decreed their suit for possession as owners of land measuring 7 marlas 5 sarsahi comprised in khasra no. 1714/1388/1 to 855 (2-0) situated in village Pandori, Tehsil Dasuya, District Hoshiarpur, as shown red in Naksha Tafabat (Ex.P4), after removal of super-structure thereon.

2. The case of the plaintiffs, in brief, is that they are owners of land measuring 3 kanals 0 marlas in khewat no. 65, Khatauni No. 153, khasra Nos. 1714/1388/1 to 855 (2-0), 1423/1 to 855/1 (1-0) situated in village Pandori, H.B. No. 39, Tehsil Dasuya District Hoshiarpur. The defendants, who have got no right/title over the suit land, forcibly took possession of 0 kanals 12 marlas out of total land, about two years before filing of the suit. They were repeatedly requested to vacate and deliver the vacant possession of the suit land but they refused. Hence, this suit.

3. The defendants contested the claim of plaintiffs raising the plea that t











































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