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2023 Supreme(P&H) 1106

H. S. MADAAN
Darbara Singh (since deceased) through his LRs – Appellant
Versus
Jarnail Singh – Respondent


Advocates appeared:
Mr. Kashmir Singh, Advocate with Mr. Lalit Sharma, Advocate for the appellant.
Mr. Kanwaljit Singh, Sr. Advocate with Mr. Anirudh Gupta, Advocate for respondent No.1.
Mr. D.S. Brar, Advocate for respondent No.4.
Mr. P.S. Dhaliwal, Advocate for respondent No.5.
Mr. A.S. Sekhon, Advocate for LRs of respondent No.6.

H.S. MADAAN, J.

In nutshell, facts of the case are that plaintiffs Jarnail Singh, Shinder Singh, Baltej Singh, Jagtar Singh sons of Jangir Singh had brought a suit against defendants Darbara Singh, Mukand Singh, Jarnail Singh sons of Lahora Singh, Bibi (daughter of Jai Kaur) widow of Gurdial Singh, Kello (daughter of Jai Kaur) wife of Karnail Singh and Sham Kaur (daughter of Jai Kaur) widow of Gurnam Singh seeking a declaration that order dated 19.09.1986 passed by High Court of Punjab and Haryana is not binding on the ownership rights of plaintiffs being collusive between defendants Darbara Singh, Mukand Singh and Jarnail Singh and mutation of inheritance No.3578 dated 09.09.1987 is null and void besides seeking a decree for permanent injunction restraining defendants No.1 to 3 from executing, implementing the impugned decree in any manner for the reason that the plaintiffs had purchased the land fully described in headnote of the plaint vide two sale deeds dated 06.02.1986 for an area of 14K-17M and 15K-16M respectively and since then, they have been in actual possession of the purchased land; originally the land was purchased by Jai Kaur mother of the defendants who had died leav

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