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2019 Supreme(P&H) 488

AMIT RAWAL
Shangara Singh (deceased) through LRs – Appellant
Versus
Thakur Dass – Respondent


Advocates Appeared:Mr. Sanjay Majithia, Senior Advocate with Mr. Inderjeet Singh, Advocate for the appellants.
Mr. K.S. Cheema, Advocate for the respondent.

JUDGMENT

Mr. Amit Rawal, J.:- The present regular second appeal is directed against the concurrent finding of fact whereby the suit of the respondentsplaintiffs decreed by the trial court has been affirmed by the lower Appellate Court.

2. Plaintiffs Thakur Dass and Lachhman Dass sons of Labhu Ram, caste Harijan claimed possession of land measuring 23 kanals 4 marlas situated in village Jalala HB No.277, Tehsil Dasuya and comprised in Khasra No./Rect. No.20 Killa No.11/2(7-7), 12/2(1- 5) 19 (7-16) 20(4-13) 22 (2-3) as per jamabandi for the year 1980-81 on the premise that the aforementioned land was in the ownership of Malkiat Singh son of Jaswant Singh, big landowner, predecessor-ininterest of respondents No.7 to 11. During his life time had mortgaged the suit with possession vide registered mortgage deed dated 6.5.1960 for valuable consideration of Rs. 1500/- and accordingly, plaintiffs were put into possession. Mutation in respect of the aforesaid mortgage was also incorporated and lawful, peaceful and cultivating possession continued till illegally obtained possession of the suit land on 20.09.1982 from the plaintiffs under the guise of some allotment. The aforementioned proceedi




























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