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2019 Supreme(P&H) 3050

AMOL RATTAN SINGH
Kultar Singh – Appellant
Versus
Jagtar Singh & Ors. – Respondent


Advocates Appeared:
Mr. Kanwaljit Singh, Senior Advocate, with Mr. Abhishek Bajaj, Advocate, for the appellant; Mr. S.D.Sharma, Senior Advocate, with Mr. Ved Priya Malik, Advocate, for the respondents

JUDGMENT

Amol Rattan Singh, J. - This second appeal has been filed by Kultar Singh, i.e. the plaintiff in Civil Suit no.53/28.2.96, instituted before the learned Civil Judge (Junior Division), Phagwara, that suit having been dismissed on 28.04.2001, with the first appeal filed against that judgment and decree also having been dismissed by the learned Second Additional District Judge, Kapurthala, on 24.03.2004. The defendants in the suit, i.e. the present respondents, are all brothers and sisters of the appellant-plaintiff.

2. The bone of contention between the parties is a double storeyed house (stated in this court to be of an area of about 200 sq. yards), previously owned by the father of the parties (Mehtab Singh) who died on 07.02.1996.

Thus, vide his suit, the appellant herein had sought a decree of permanent injunction restraining/prohibiting the first defendant (respondent no.l herein) from altering any part of the suit property in any kind and form, and from alienating and transferring it in any manner, including particularly the Western side of the house, with him further seeking a declaration to the effect that the "alleged sale deed" being relied upon by the said respondent

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