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2023 Supreme(P&H) 353

H. S. MADAAN
Maiya – Appellant
Versus
Balbir – Respondent


Advocates appeared:
Mr.Hardeep Singh Kasan, Advocate, for the Appellant; Mr.Ajay Ghangas, Advocate, for the Respondent

JUDGMENT

H.S. Madaan, J. - Briefly stated, facts of the case are that plaintiffs Maiya and Lehna Singh both sons of Sukhi Ram, residents of village Silakheri, Tehsil Safidon, District Jind had brought a suit against defendants Balbir son and Smt.Pataso, Kishni and Bhano - daughters of Sukhi Ram, seeking a declaration that the plaintiffs are owners in joint possession in equal shares of 12/35 share each of agricultural land comprised in Khewat No.57, Khata No.69 measuring 86 kanals 14 marlas and khewat No.58 khata No.70, measuring 4 kanals 0 marla total 90 kanals 14 marlas situated in revenue estate of village Silakheri, Tehsil Safidon and that they would be entitled to 12/35 share each on partition of above land. As a consequential relief, the plaintiffs sought a decree for permanent injunction restraining the defendants from dispossessing them from joint possession of their respective shares.

2. As per the case of the plaintiffs, one Sukhi Ram son of Data Ram was original owner of the suit land; it happened to be his ancestral property since he had inherited the same from his grandfather; Sukhi Ram had two wives, namely, Smt.Chalti and Smt.Bholi; the plaintiffs Maiya and Lehna are h

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