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2018 Supreme(P&H) 1010

ANIL KSHETARPAL
Manjit Singh – Appellant
Versus
Harpal Singh (deceased) through LRs – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aakash Singla, Advocate
For the Respondent:Mr. Ashish Gupta, Advocate

JUDGMENT :

ANIL KSHETARPAL, J.

1. The plaintiffs-petitioners are in the revision petition against the order passed by learned trial Court dismissing the application filed by the plaintiffs for striking of the counter-claim filed by defendant No.1 and for return of the same.

2. It would be necessary to note brief facts.

3. The plaintiffs sons of Late Sh. Narinder Singh filed a suit for declaration to the effect that the plaintiffs are owners in possession of 1/3rd share in the house i.e. Kothi No.1 measuring 217 square yards. Defendant Nos.1 and 2 are alleged to be uncles of the plaintiffs. In other words, father of the plaintiffs and defendant Nos.1 and 2 were three brothers.

4. On the other hand, defendant No.1 contested the suit and pleaded that the plaintiffs have no right, title or interest in the property as it was purchased by defendant Nos.1 and 2 vide registered sale deed dated 16.01.1981 and the story put forth in the plaint that the property was purchased from the Joint Hindu Family Funds is erroneous. Defendant No.1 filed his written statement dated 20.04.2012. Defendant No.1 thereafter filed a counter claim dated 02.11.2016. In the counter claim, prayer for separate possessi









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