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2023 Supreme(P&H) 1081

H. S. MADAAN
Amarjit Singh – Appellant
Versus
Amrik Singh – Respondent


Advocates appeared:
Mr.Sunil Agnihotri, Advocate for the appellant.

H.S. MADAAN, J.

1. Briefly stated, facts of the case are that plaintiff Amarjit Singh had brought a suit against his real brother Amrik Singh, seeking a declaration that he is owner in possession of the suit land and revenue entries be corrected by deleting name of the defendant qua the suit land besides craving for a decree for permanent injunction restraining the defendant from interfering in cultivating possession of the plaintiff over the suit land.

2. As per the version of the plaintiff, the suit land happened to be self-acquired property of Kartar Singh (since dead), father of the parties; during his life time Kartar Singh was being looked after and maintained by the plaintiff and after his death on 22.2.2007, his last rites were also performed by the plaintiff, however, the suit land was mutated by the revenue authorities in the name of the plaintiff and the defendant in equal shares, which was wrong because defendant had been disinherited by Kartar Singh father of the parties by inserting a notice in daily Newspaper Des Sewak on 17.12.2006 and the plaintiff alone had been cultivating the suit land during the life time of Kartar Singh; the defendant being a head strong person

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