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2018 Supreme(P&H) 4241

AMOL RATTAN SINGH
State Of Punjab – Appellant
Versus
Mahain Singh – Respondent


Advocates Appeared:
Akshita Chauhan, AAG, Punjab, for the Appellants; Deepak Verma, Advocate, for the Respondents

JUDGMENT

Amol Rattan Singh, J. - This second appeal was filed by the State of Punjab and the Union of India in the year 1987, challenging therein the judgments of the learned Sub Judge, Ist Class Gurdaspur, dated 24.01.1986 and the learned Ist appellate Court, i.e. the Additional District Judge, Gurdaspur, dated 18.08.1986.

Vide the former judgment the learned trial Court decreed the suit of the respondents/plaintiffs, who were seeking a declaration to the effect that they are owners-in-possession of the suit land (to the extent of their shares), measuring 23 kanals and 18 marlas, fully described in the plaint, situated in village Gosal, District Gurdaspur. The consequential relief of prohibitory injunction sought, restraining the appellants herein from interfering in their lawful possession over the suit land, was also granted by that Court, with the said judgment and decree having been upheld by the learned Additional District Judge, upon an appeal filed by the present appellants.

2. The case of the plaintiffs was that one Swinder Singh was originally the owner of land, half of which he had sold to the plaintiffs for a consideration of Rs. 2000/-, vide a registered sale deed dated

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