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2023 Supreme(P&H) 831

GURBIR SINGH
Chet Ram (now deceased) through his LRs – Appellant
Versus
Sajjan Singh – Respondent


Advocates appeared:
Mr. Parveen Kumar, Advocate with Abhimanyu Singh, Advocate for the appellants.

GURBIR SINGH, J.

1. This is Regular Second Appeal against the concurrent judgments of both the Courts below, whereby suit filed by the plaintiffs/appellants was dismissed by the learned Trial Court and appeal filed against the judgment of learned Trial Court was dismissed by learned Appellate Court.

2. The plaintiffs filed suit for permanent injunction stating that the plaintiffs and proforma defendants were owners in possession of the suit land. Defendants have no concern with the suit land in question and accordingly, they be restrained from interfering in the peaceful possession of the plaintiffs over the said suit land.

3. The case of the plaintiffs is that the plaintiffs and proforma defendants are recorded as owners in possession of land measuring 121 kanals, out of total land measuring 223 kanals 18 marlas, as mentioned in the head note of the plaint.

4. Case of defendants no.5 and 6 is that the plaintiffs have never remained in possession of any portion of the suit property. They are not even residents of the village in question. The vendor of defendants no.5 and 6 had given the possession of specific khasra numbers measuring 96 kanals 02 marlas to them and since the time of pu

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