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2018 Supreme(P&H) 1910

HARINDER SINGH SIDHU
Naveen – Appellant
Versus
Narender Kumar – Respondent


Advocates Appeared:
For the Appellants :S.K. Jain, Advocate
For the Respondents:R.S. Sharma, Advocate

JUDGMENT :

Harinder Singh Sidhu, J.

The plaintiffs have filed this regular second appeal against the judgments of the Courts below whereby their suit has been dismissed.

2. The plaintiffs had filed the suit for declaration to the effect that they were in possession in equal shares of land measuring 9 Kanals 12 Marlas i.e. 192/2050 share of land measuring 102 Kanals 10 Marlas fully detailed in the head note of the plaint and the judgment and decree dated 18.09.1996 passed in Civil Suit No.1421 of 1996 titled as 'Narinder Kumar etc. v. Dharam Pal' whereby defendant No.3 Dharam Pal transferred the aforesaid land measuring 9 Kanal, 12 Marla in favour of defendants No.1 and 2 is illegal, null and void and not binding on their rights. It was also prayed that defendants No.1 and 2 be permanently restrained from interfering in the peaceful possession of the plaintiffs over the suit land.

3. The plaintiffs are the sons of defendant No.3 who is their father. The case of the plaintiffs was that defendant No.3, their father, was owner of 448/2050 share in total land measuring 102 Kanal 10 Marla comprised in Khewat No.935/859, Khatauni No.1280 situated at Village Dhanger, Tehsil and District Fateha

































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