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2022 Supreme(P&H) 941

ANIL KSHETARPAL
Babu Lal – Appellant
Versus
Lal Chand – Respondent


Mr. V.K.Jain, Senior Advocate, with Mr. Anil Bansal, Advocate, and Ms. Sonika Garg, Advocates, for the Appellant; Mr. Sunil Chadha, Senior Advocate, with Ms. Swati Verma, Advocate, for the Respondent.

JUDGMENT

Anil Kshetarpal, J. - The regular second appeals in the States of Punjab, Haryana and Union Territory OF Chandigarh are filed under Section 41 of the Punjab Courts Act, 1918 (hereinafter referred to as "the 1918 Act"). Hence, it is not mandatory to frame a substantial question of law. A five Judges Bench in Pankjakshi (Dead) Through L.Rs and Others v. Chandrika and Others (2016) 6 SCC 157 has interpreted the aforesaid position of law.

2. These two appeals are connected though arising from two separate suits. However, the property in dispute is common and the plaintiffs in both the suits are the members of one family. The learned counsel representing the parties are also common and they are ad idem that both the appeals can conveniently be decided by a common judgment.

3. Two independent suits were filed from which these appeals have arisen. Late Sh. Mangtu Ram filed a suit on 09.06.1987 for grant of decree of permanent injunction on the basis of a registered lease deed dated 04.07.1987 allegedly executed by Sh.Omkar Singh for a period of 80 years at the lease amount of Rs. 500/- per annum. Late Sh. Mangtu Ram claimed that he is in possession of the property as a lessee and

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