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2019 Supreme(P&H) 3035

REKHA MITTAL
Partap Singh & Anr. – Appellant
Versus
Suresh & Ors. – Respondent


Advocates Appeared:
Mr. Ajay Jain, Advocate for the appellants; Mr. Kul Bhushan Sharma, Advocate for respondents No.l to 3

JUDGMENT

Rekha Mittal, J. - Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit for declaration and permanent injunction filed by the respondents/plaintiffs was partly allowed by the trial Court to the following effect:-

"As a sequel to my findings, arrived at on various issues, the suit of the plaintiffs partly succeeds and is partly decreed. A decree for declaration to the effect that plaintiffs are in possession of the suit property is passed in favour of the plaintiffs and accordingly, the defendants are restrained from creating any type of interference in the peaceful possession of the plaintiffs or to dispossess them except in due course of law. Parties are left to bear their own costs...."

2. The appeal preferred by unsuccessful defendants No.l and 2 (appellants herein) did not find favour with the Additional District Judge, Rewari. However, cross objections preferred by the respondents/plaintiffs were disposed of with the findings that their possession over the suit property is protected under Section 53-A of the Transfer of Property Act, 1882 (in short 'the Act1). The judgment and decree under appeal are modified o

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