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2023 Supreme(P&H) 596

TRIBHUVAN DAHIYA
Chetan Kaur Through Lrs – Appellant
Versus
Jaspreet Singh – Respondent


Advocates appeared:
Mr. Amit Jain, Senior Advocate with Ms. Aeshna Jain, Advocate, for the Appellant; Mr. Akshay Jindal, Advocate and Mr. Gopal Soni, Advocate, for the Respondent

JUDGMENT

Tribhuvandahiya, J. - This is plaintiff's appeal against the judgment of reversal.

2. The facts of the case as pleaded are, the appellant/plaintiff (hereinafter referred to as 'plaintiff') being represented through LR, filed a suit for possession of 1/3rd share pertaining to Ajaib Singh, son of Sucha Singh in the total land measuring 225 bighas 19 biswas, and for permanent injunction restraining the defendants from selling or encumbering the suit land as well as the houses. Ajaib Singh son of Sucha Singh was real brother of the plaintiff, who died a bachelor on 18.09.2004 leaving behind plaintiff as his only legal representative. The other sister of Ajaib Singh, namely, Amarjit Kaur @ Jeeto predeceased him in the year 1992. After Ajaib Singh's death, the plaintiff is the only successor-in-interest to him. His mother had also predeceased him. When the plaintiff approached halka patwari for entering of mutation in her name, she came to know that suit land already stood entered in the name of defendants No.1 and 2 on the basis of a decree passed in civil suit No.56 of 09.02.1996, decided on 12.03.1996. Ajaib Singh was made to suffer the decree by paying a fraud and he, actually

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