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2017 Supreme(P&H) 229

AMOL RATTAN SINGH
Joginder Singh LR of Shangara Singh – Appellant
Versus
Ajmer Singh @ Amar Singh – Respondent


Advocates Appeared:
For the Appellants : Mr. K.B. Sharma
For the Respondents: Mr. A.P. Kaushal

JUDGMENT :

Amol Rattan Singh, J.

This appeal has been filed by two of the plaintiffs who had instituted a suit before the learned Additional Senior Sub Judge, Jalandhar, on 22.12.1980, seeking joint possession of land bearing khewat no.4, khatoni no.6, khasra nos.3//1/2 and khasra no.10, situated in village Mansurpur, Tehsil Jalandhar. The land is shown to be measuring 10 kanals and 2 marlas in the heading of the judgment of the learned Sub Judge, as also in the plaint, though the measurements of the aforesaid khasra numbers are given as 6 kanals 2 marlas and 5 kanals respectively, i.e. 11 kanals & 2 marlas.

2. In their plaint, the appellants had averred that Ishar Singh, father of the first appellant herein (Shangara Singh), was the owner of the land in dispute and had mortgaged it in favour of Onkar Singh, father of defendants no.1 to 4 (respondents No.1 to 4 herein) and husband of respondent no.5, vide a mortgage deed dated 04.08.1947, registered on 06.08.1947.

Ishar Singh is stated to have died leaving behind four sons, including the present appellant-plaintiff no.1, Shangara Singh, as also Kartar Singh, Chanan Singh and Darshan Singh. (It is to be noticed that the said Darshan Sin









































































































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