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2022 Supreme(P&H) 1630

ANIL KSHETARPAL
Bhagat Ram (since Deceased) Through His Lrs – Appellant
Versus
Mulakh Raj (since Deceased) Through His Lrs Etc. – Respondent


Advocates appeared:
Mr. Shivam Grover, Advocate, for the Appellant; Mr. G.S.Jaswal, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - Two connected Regular Second Appeals arising from a common judgment passed by the First Appellate Court while deciding two connected first appeals shall stand disposed of.

2. The plaintiffs filed a suit in a representative capacity seeking declaration to the effect that the suit land measuring 2699 kanals and 14 marlas located in village Karura, District Anadpur Sahib, is reserved for grazing cattles and for fuelwood. It has been asserted that the land has been carved out from previous khasra numbers 1 to 15 measuring 3556 kanals and 19 marlas during consolidation of holdings in the village.

3. The defendants, while contesting the suit, claim that the land was never reserved or assigned for grazing of cattles. They claim ownership on the strength of the revenue record. In alternative, they also claim adverse possession.

On appreciation of the pleadings, the trial Court culled out the following issues:-

    1. Whether the suit land was reserved for the purposes of grazing cattle for all the inhabitants of the village? OPP

    2. whether the plaintiffs have locus standi to file the present suit? OPP

    3. Whether the suit is bad for non-joinder of necessary partie

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