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2023 Supreme(P&H) 166

SANJAY VASHISTH
Satnam Singh – Appellant
Versus
Makhan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.S. Chahal, Advocate with Mr. Gurjeet Singh Virk, Advocate

JUDGMENT :

SANJAY VASHISTH, J.

1. Present Regular Second Appeal has been filed by defendant-Satnam Singh against the concurrent finding of decreetal of the suit in favour of the plaintiff-Makhan Singh.

2. Plaintiff-Makhan Singh claimed exclusive ownership along with possession of the properties; agricultural land measuring 32 kanal 3 marla comprised in khewat/khatoni No.33/35, 446/528 contained in khasra No.56//13/3(1-8), 17/2(1-6), 56//14(7-18), 15/1(0-17), 17/1(4-19), 18/1(1-1), 18/4(2-0), 23(7-13), 24/1(3-14), 76//3/2(0-9), 4/1(0-10), 198/6(0-4).

3. Consequential relief of permanent injunction was also prayed.

4. It is pleaded in the plaint that in the old age of his father, plaintiff served both the parents namely Bhagwan Singh and Smt. Kaushalya Devi (mother of plaintiff). Said Bhagwan Singh expired on 22.06.2000 and Smt. Kaushalya Devi expired on 18.05.2003.

During their lifetime, registered Will dated 22.12.1999 was executed by Bhagwan Singh in favour of plaintiff-Makhan Singh and similarly, Will dated 12.03.2003 was executed by Smt. Kaushalya Devi in favour of plaintiff-Makhan Singh.

5. In the written statement filed by the defendant-Satnam Singh (real brother of plaintiff) son of

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