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2018 Supreme(P&H) 1693

ANIL KSHETARPAL
Prem Kumar – Appellant
Versus
BBF Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.R. Mahajan, Mr. Prateek Mahajan, Mr. Sunil Sharma
For the Respondent: Mr. P.S. Khurana

JUDGMENT :

Anil Kshetarpal, J.

Plaintiff-appellant is in the regular second appeal against the judgment passed by the learned First Appellate Court reversing the judgment passed by the learned trial Court vide which the suit filed by the plaintiff on the basis of title for possession of property No.BXXX 1505/03-A measuring 1013 square yards was decreed.

Question of law which needs determination is:

“Whether after the property comes within the municipal limits described by the municipal property numbers, sold and purchased with specific boundaries and length and breadth of the property, the concept of co-owner/co-sharer on the basis of joint khata in the revenue record survives or not?”

FACTS

2. Plaintiff filed a suit for possession of property referred to above measuring 1013 sq. yards on the basis of title claiming that he has purchased the property from Kulbir Singh son of Harnam Singh through sale deed dated 28.05.1985. It was specifically pleaded in the plaint that the aforesaid property purchased was consisting of one room and 4 walls bounded as under:-

“East : Kulwant Rai 120'

West : Street : 120'

North : Street : 78'

South : Neighbour : 74'”

3. No doubt, reference was further given tha



















































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