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2023 Supreme(P&H) 1391

ALKA SARIN
Amrik Singh (deceased) through LRs – Appellant
Versus
Charan Singh (deceased) through LRs – Respondent


Advocates appeared:
For the Parties :Mr. K.S. Sidhu Senior, Advocate, Mr. Praagbir S. Dhindsa, Mr. Neeraj Sharma

Judgment

Mrs. Alka Sarin, J.

The present regular second appeal has been preferred by the defendant-appellants against the judgment and decree of the lower Appellate Court whereby the suit of the plaintiff-respondent Nos.1 and 2 has been partly decreed for joint possession to the extent of 1/7th share each in the suit land as well as in the compensation amount. The Trial Court vide judgment and decree dated 02.01.1987 dismissed the suit of the plaintiff-respondent Nos.1 and 2 and while dismissing the suit of the plaintiff-respondent Nos.1 and 2, the Will Ex.D1 dated 18.07.1980 set up by the defendant-appellants was also disbelieved. Aggrieved by the judgment and decree dated 02.01.1987, an appeal was preferred by the plaintiff-appellants and the defendant-appellants herein filed cross-objections challenging the findings of the Trial Court on Issue No.4. The lower Appellate Court vide judgment and decree dated 02.08.1989 partly decreed the suit and rejected the cross-objections filed by the defendant-appellants. The lower Appellate Court held that the left over property in the han

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