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2022 Supreme(P&H) 2175

MANJARI NEHRU KAUL
Kulwinder Singh – Appellant
Versus
Harjinder Singh – Respondent


Advocates appeared:
Mr. Gurtej S. Dhindsa, Advocate, for the Appellant.

JUDGMENT

Manjari Nehru Kaul, J. - By way of judgment and decree dated 19.05.2016, the suit filed by the plaintiff/respondent No.1 was decreed by the learned trial Court and the appeal preferred against the said decree was dismissed by the learned first appellate Court on 26.09.2019. One of the defendants is thus now in Regular Second Appeal before this Court challenging the concurrent findings of both the Courts below. The parties to the lis hereinafter shall be referred to by their original position in the suit.

2. Plaintiff Harjinder Singh filed a suit for declaration, joint possession and permanent injunction in respect of the property duly detailed and described in the head-note of the plaint (hereinafter referred to as, 'suit property'). As per the pleaded case, previously one Sukhdev Singh son of Sarwan Singh was a share-holder in the properties described at letters 'A' and 'B' of the plaint as per jamabandi for the years 2008-09 and 2009-10. The plaintiff claimed share of said Sukhdev Singh on the basis of a Will dated 27.05.2013 Ex.P2 which was executed in his favour by Sukhdev Singh. It was claimed that since the relationship of Sukhdev Singh with the defendants (defendant N

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