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2020 Supreme(P&H) 704

RAJ MOHAN SINGH
Kulwinder Singh Bhatti – Appellant
Versus
Naseeb Kaur – Respondent


Advocates Appeared:
D.K. Bhatti, Advocate, Amit Jhanji, Advocate, Narinder Kaur, Advocate, Charanjit Sharma, Advocate

JUDGMENT

Raj Mohan Singh, J. - Defendant No.1/appellant is in regular second appeal against the concurrent findings recorded by the Courts below.

    2. Plaintiffs filed a suit for mandatory injunction against the appellant (defendant No.1) and others (his family members), claiming that they are excusive owners of property No.E-1, New Beant Nagar, Jalandhar. The exclusive ownership claimed by the plaintiffs was based on four registered sale deeds i.e.

      1. Sale deed No.8300 dated 16.01.1976, measuring 10 marlas in favour of plaintiff No.1.

        2. Sale deed No.10010 dated 19.03.2010, measuring 10 marlas (sale executed by plaintiff No.1 in favour of plaintiff No.2).

          3. Sale deed No.2068 dated 01.06.2010, measuring 4 marlas (sale executed by plaintiff No.1 in favour of plaintiff No.2).

            4. Sale deed No.33 dated 05.04.2010, measuring 10 marlas (sale executed by plaintiff No.1 in favour of plaintiff No.2).

              Plaintiffs claimed that they allowed defendant No.1 and his other family members to use property No.E-1, New Beant Nagar, Jalandhar as a licensee, but later on, because of the misbehaviour of defendant No.1 with plaintiff No.1 and the fact that the defendants had started claiming themselves to be

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