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2023 Supreme(P&H) 1796

HARKESH MANUJA
Bhupinder Singh – Appellant
Versus
Ravinder Kaur – Respondent


Advocates appeared:
For the Parties : Mr. G.S. Jaswal, Mr. Anil Chawla

Judgment

Mr. Harkesh Manuja, J.

By way of present regular second appeal, challenge has been laid to the judgment and decree dated 29.05.2012 passed by the Court of Civil Judge (Junior Division), Amritsar, affirmed vide judgment dated 27.11.2013 passed by the Court of Additional District Judge, Amritsar, whereby a suit for declaration claiming ownership, filed at the instance of plaintiffs/appellants (hereinafter referred to as plaintiffs) stands dismissed.

2. Briefly stating, facts of the case as pleaded in the plaint are that one Tehal Singh was owner of suit property mentioned in the plaint who mortgaged 1/4th out of it vide registered mortgage deed dated 20.03.1957 in favour of Harbans Singh i.e. the father of plaintiffs No.1 and 3 as well as in favour of grandfather of plaintiff No.2. As per the plaint, the land was never got redeemed by the original owner i.e. Tehal Singh and thereby plaintiffs claimed to have perfected their title and become absolute owner in possession of the. Besides it, the plaintiffs also challenged an alienation made by one of the legal heirs of Tehal Singh i.e. defendant No.1 vide sale deeds dated 09.02.2004 and 25.02.2005 in favour of respondent No.4.

3.

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