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2017 Supreme(P&H) 1564

AMOL RATTAN SINGH
Chattar Singh – Appellant
Versus
Randhir Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. Kabir Sarin, Advocate
For the Respondent:Mr. S.K. Jain, Advocate, Mr. Deepak, Jain, Advocate

JUDGMENT :

AMOL RATTAN SINGH, J.

This is the second appeal of the plaintiff in a suit instituted by him on 21.12.1983, seeking possession of the suit property after its partition.

The suit having been dismissed by the learned Sub Judge IInd Class, Rohtak, on 11.09.1986, and the first appeal against that judgment and decree also having been dismissed by the learned Additional District Judge (II), Rohtak, vide his judgment and decree dated 14.01.1988, the present second appeal came to be instituted.

2. The facts of the case are being taken from the judgments of the learned Courts below, a perusal of which reveals that as per the appellants' plaint, he and the defendant are brothers, who owned and possessed various immovable property, including a double storeyed house (Haveli), a parlour (described in the judgment of the learned Sub Judge as a Darwaja), some plots and agricultural land.

3. It was further stated that the agricultural land had been partitioned since long but the rest of the property, the full details of which were given in paragraph 2 of the plaint, continued to be jointly held. However, for the sake of convenience, the plaintiff had started using the Darwaja described in pa


















































































































































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