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2019 Supreme(P&H) 3034

REKHA MITTAL
Gurdial Singh (deceased) Thr His Lrs Etc. – Appellant
Versus
Sohan Singh (deceased) Thr His Lrs Etc. – Respondent


Advocates Appeared:
Dr. Surya Parkash, Advocate for the appellants; Mr. Tarunveer Vashisht, Advocate for the caveators-respondents

JUDGMENT

Rekha Mittal, J. - CMNo.7215-Cof2018

Heard.

Allowed as prayed for. Annexures Al to A5 are taken on record, subject to just exceptions.

Disposed of accordingly. CMNO.11282-C-2018

Heard.

Allowed as prayed for. Annexures R1 and R2 are taken on record, subject to just exceptions.

Disposed of accordingly.

Main Case

2. Challenge in the present appeal has been directed against the judgment and decree dated 29.01.2018 passed by the Additional District Judge, Ambala whereby appeal against the judgment and decree dated 29.01.1994 passed by the Additional Senior Sub Judge, Ambala (hereinafter referred to as the trial Court) dismissing suit of the respondents/plaintiffs, was allowed, the impugned judgment and decree were set aside and the defendants (appellants herein) were directed to handover vacant possession of suit land to the respondents/plaintiffs within two months from the date of judgment.

3. The facts extracted from judgment of the Appellate Court are that as per case of the respondents/plaintiffs, Smt. Gulab Kaur, mother in law of plaintiffs was owner of suit land. She executed Will dated 01.03.1966 in favour of the respondents/plaintiffs. After death of Smt. Gulab Kaur on 11.06.196

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