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2017 Supreme(P&H) 1816

RAJBIR SEHRAWAT
Saroj – Appellant
Versus
Satyender – Respondent


Advocates:
For the Appellant:Mr. N.S.Shekhawat, Advocate.
For the Respondents:Mr. S.D.Sharma, Sr. Advocate with Mr. Ved Priya Malik, Advocate.

JUDGMENT

Mr. Rajbir Sehrawat, J.:- Present appeal has been filed by the plaintiffs whose suit for declaration and possession was dismissed by the trial court and also the appeal was dismissed by the learned lower appellate court. The appellant had filed a suit claiming that they are the owners of suit property comprising khasra and killa numbers 6//24(8-0), 25(8-0), and 7//11(4-11), 12(15-16), 13 (6-11), 20/2(4-8), 21/1(4-12), and 20//1/1(4-12) and 21//4/1(6-0), 5(8-0), 3/2 min north (2-4) and 6//16(8-16), 17(9-9), kitas 13, total measuring 80 kanals 19 marlas situated within the revenue estate of village Gagarwas. It was claimed that respondent No. 2 was the tenant on the land in question and he sub-let the land to his son without the consent of the plaintiffs/landlords, therefore, they are liable to be ejected and the possession deserves to the handed over to the plaintiffs. It was further prayed that the entry of mortgage in favour of the respondents entered into the revenue record is without any basis and therefore the same may be set aside.

2. The facts as pleaded in the plaint and as contended during the arguments are that originally one Indraj was the owner of the suit land.







































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