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2017 Supreme(P&H) 1413

AMOL RATTAN SINGH
Lajya Wati – Appellant
Versus
Surat Singh (deceased through his LRs) – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Baldev Raj Mahajan, Senior Advocate with Mr. Akhilesh Vyas, Advocate
For the Respondents:Mr. Amit Jain, Advocate

JUDGMENT :

Amol Rattan Singh, J.

This appeal has been filed by the three defendants in a suit instituted by the two respondents herein (hereinafter to be referred as “the plaintiffs”), seeking therein a decree of declaration under Section 45 of the Punjab Land Revenue Act, 1887, read with Section 34 of the Specific Relief Act, 1963, that they (plaintiffs) are owners in possession of the suit land measuring 8 kanals (fully described in the head note of the judgment of the learned Sub-Judge Ist Class, Amritsar) and that the entry in the revenue record, i.e. the Jamabandi for the year 1980-81, showing the first appellant herein, Lajya Wati (defendant no.1) to be the owner of a 1/4th share therein and defendant no.2 to be the owner of a 5/8th share, is illegal and void and even the mutation bearing no.1769, entered on the approval of the Assistant Collector 1st Grade, Amritsar, on 23.09.1983, is also illegal and void and inoperative qua the rights of the plaintiffs. (Invocation of S. 45 of the Act of 1887 is in the context of the entry in the revenue record.)

The suit filed by the plaintiffs was dismissed by the learned Sub-Judge; however, the appeal filed by them was allowed by the first





















































































































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