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2017 Supreme(P&H) 1499

AVNEESH JHINGAN
Dalip Singh – Appellant
Versus
Gram Panchayat, VPO Chiri, through its Sarpanch – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Davinder Singh

JUDGMENT :

Avneesh Jhingan, J.

The present regular second appeal is at the behest of the plaintiffs being aggrieved of the concurrent judgments and decrees passed by the learned courts below dismissing their suit.

2. For the sake of convenience, the parties are being referred to as per their original position in the suit.

3. The suit for declaration was filed by the plaintiffs as owner in possession of the land shown by letters ABCD and BCEF in the site plan attached with the suit. Further, the permanent injunction was prayed for restraining the defendant from disturbing the possession of the plaintiffs.

4. The facts averred in the plaint are that plaintiffs are residents of village Chiri having ancestral houses since time of their forefathers. It is alleged that the same are situated within the Lal Dora area of the village. In front of the said houses where the plaintiffs are keeping their fodder, animals and uplas, the area owned and possessed by Rajbir Singh was shown in red color and bounded as ABCD and owned and possessed by Dalip Singh shown in black color and bounded as BCEF. The said area is owned and possessed by the plaintiffs since the time of their forefathers and defendant




























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