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2015 Supreme(P&H) 1956

BHARAT BHUSHAN PARSOON
BEANT SINGH – Appellant
Versus
ATMA SINGH – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rajesh Narang, Advocate
For the Respondent:K.S. Cheema, Advocate

JUDGMENT :

BHARAT BHUSHAN PARSOON, J.

1. This Regular Second Appeal is directed against judgment and decree dated 18.12.2013 passed by District Judge, Hoshiarpur vide which judgment and decree dated 29.10.2010 passed by the lower court, was set aside, wherein suit of plaintiff Beant Singh, appellant herein, for seeking a decree for permanent injunction restraining defendant Atma Singh, respondent herein, from interfering in his exclusive possession over 3 Kanal 2 Marlas of land detailed and described in the head note of the plaint till partition in due course of law, had been decreed by the lower court.

2. Claim of the plaintiff-appellant in the suit was that Atma Singh, defendant-respondent, and his deceased brother Piara Singh were the joint owners of land in village Kainthan. Said Piara Singh sold 3 Kanal 12 Marlas of land comprised in 188/306, 189/307, 190/308, 309 and 733/1090 to the plaintiff-appellant for a total consideration of Rs. 15,000/- vide registered sale deed dated 3.7.1989 with ½ share of tubewell bore, engine, fan, band alongwith right of passage and water channel. It was further pleaded that exclusive possession of 3 Kanal 12 Marlas of land comprised in Rectangle No











































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