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2019 Supreme(P&H) 2906

H.S.MADAAN
Swaranjit Kaur & Ors. – Appellant
Versus
Vijay Singh – Respondent


Advocates Appeared:
Mr.G.S. Nagra, Advocate for the appellants; Mr.Saurabh Garg, Advocate for the respondent

JUDGMENT

H.S. Madaan, J. - In nutshell, facts of the case are that plaintiff Vijay Singh son of Waryam Singh, presently residing at Chandigarh had brought a suit against defendant Sukhdev Singh son of Gurbachan Singh (since deceased) represented by his legal representatives i.e. widow -Smt. Swaranjit Kaur and sons - Harpartap Singh and Gurpartap Singh, residents of Patti Jhambra Shahabad, Tehsil Shahabad, District Kurukshetra, seeking a declaration that entries of the defendant being in possession as 'Gair Marusi' in various jamabandis 1969-70 till date are illegal, null and void, not binding upon the rights of the plaintiff and other co-sharers, with a direction to the defendant to hand over the vacant possession of the land measuring 10 kanals 2 marlas comprised in khewat No. 150 min, khatoni No. 151 min, rect. No.58 and khasra No.27/1 by passing a decree for possession, in addition to that asking for grant of mesne profits for the use and occupation of the suit property besides costs of the suit.

2. As per the version of the plaintiff, agricultural land measuring 11 kanals 5 marlas comprised in Khewat No. 150, khatoni No. 151/1, rectangle No. 167(1-3), rectangle No.58, khasra No.2

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