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2017 Supreme(P&H) 1561

ANIL KSHETARPAL
Jaimal – Appellant
Versus
Puran Lal – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjay Mittal, Advocate
For the Respondent:Mr. Manish Mehta, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. Plaintiff no.4 is the appellant in this regular second appeal. Plaintiffs filed a suit for declaration to the effect that the plaintiffs and defendants are owners in joint possession of the agricultural land measuring 08 kanals 03 marlas. Plaintiffs had also prayed for declaring the order passed by the Assistant Collector Ist Grade, Narnaul, dated 02.05.1979 to be wrong, illegal, null and void. Plaintiffs had also prayed for decree of possession.

2. Defendants in their written statement claimed that they are in possession of the suit property since 1962 BK and therefore, possession being open, hostile, known to everyone has ripened into ownership by way of adverse possession.

3. Learned trial Court after framing of the issues granted opportunities to the parties to lead their evidence. Learned trial Court after appreciating the evidence available on the file, decreed the suit filed by the plaintiffs. It was held that the plaintiffs along with proforma defendants and contesting defendants are joint owners in possession of the suit land being co-sharers. Learned trial Court also held that the order passed by the Assistant Collector Ist Grade, Narnaul, da



















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