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2024 Supreme(P&H) 456

DEEPAK GUPTA
State of Haryana – Appellant
Versus
Jaswant Singh – Respondent


Advocates Appeared:
For the Parties :Mr. Parveen Kumar Aggarwal DAG, Haryana, Mr. Amit Jain Senior, Advocate, Mr. Varun Parkash.

JUDGMENT :

(Deepak Gupta, J.) :

Civil suit bearing No.623 of 1991 for declaration and permanent injunction regarding land in dispute, as filed by the plaintiffs (respondents herein) was dismissed by the trial Court on 11.11.1988. The appeal preferred by them i.e., plaintiffs bearing CA No.85 of 1988 was accepted and consequent thereto, the suit was decreed by the First Appellate Court vide judgment dated 13.09.1991. Thus, the present Regular Second Appeal has been filed by the defendants (appellants herein) against the judgment dated 13.09.1991 of the First Appellate Court, decreeing the suit of the plaintiffs.

2. The trial Court record was called. The same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

3.1 The land in dispute is 13 kanal 12 marlas, situated within the revenue estates of Village Raipur Kalan, Tehsil Ballabgarh (Haryana) detailed and described in para No.1 of the plaint. Plaintiffs claimed to be in possession of the said land for the last more than 100 years as Ghair Maurusee Kuzaran, since the time of their ancestors. According to them, original owners of the suit land were Mohammadans, who had g

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