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2016 Supreme(P&H) 3057

JITENDRA CHAUHAN
GURBACHAN SINGH – Appellant
Versus
MANJIT KAUR – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sanjiv Gupta, Advocate

JUDGMENT :

JITENDRA CHAUHAN, J.

1. In this regular second appeal, the appellant-defendants have challenged the judgment and decree dated 24.01.2014 of Additional District Judge, Ambala dismissing the appeal filed by the appellants against the judgment and decree dated 12.10.2011 of the Additional Civil Judge (Sr. Divn.), Naraingarh, decreeing the suit of the plaintiffs.

2. Learned counsel for the appellant-defendants contended that the jurisdiction of the civil court is barred under Section 13 of the Punjab Village Common Lands (Regulation) Act, 1961; that both the courts below have failed to appreciate that the defendants-appellants are in adverse possession of the land; and that the demarcation report, Ex.P6 is inadmissible in evidence as the demarcation was not conducted according to the Financial Commissioner's instructions in the Punjab and Haryana High Court Rules and Orders. At the end, he contended that both the Courts below have misread, misinterpreted the oral and documentary evidence and pleadings of the parties, so, his prayer is for acceptance of the appeal.

3. I have heard the learned counsel for the appellant-defendants and have carefully gone through the judgments of bo












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