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2016 Supreme(P&H) 3120

RAJ MOHAN SINGH
YAD RAM – Appellant
Versus
MURTI BEHARI JI – Respondent


Advocate Appeared:
For the Appellant :Ritesh Aggarwal with Nitin Sarin, Advocates
For the Respondent:Alok Jain, Advocate

JUDGMENT :

Raj Mohan Singh, J.

Defendants filed this appeal against the concurrent judgments and decrees passed by the Courts below, decreeing the suit of the plaintiff for possession.

2. Plaintiff filed suit for possession in respect of property marked by letters 'A, B, C, D, E, F, G' shown by red and white colour in the site plan Ex.PW11/1 minus property shown by green colour marked as K1, K2 and K3. Plaintiff averred that he was owner of this property. One Chhutan and his son Ram Sarup were tenants over the whole of the property shown under the plaintiff. Chhutan and Ram Sarup had executed a rent note on 11.12.1936 Ex.PW4/1. Defendants No.2 and 3 were sons of Chhutan and defendant No.1 is son of Prabhu Dayal son of Chhutan i.e. grand son of Chhutan.

3. After the death of Chhutan, rent note Ex.PW12/2 was executed by Ram Sarup alone on 10.02.1941. Another rent note Ex.PW3/1 was executed by Prabhu Dayal and Kanhiya Lal sons of Chhutan on 31.03.1944. Thereafter, another rent note Ex.PW4/2 was executed by Kanhiya Lal alone on 05.09.1945. One more rent note Ex.PW12/1 was executed by Kanhiya Lal alone on 07.03.1952. Plaintiff had filed an ejectment petition against the defendants, Kanhiya







































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