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2024 Supreme(P&H) 440

DEEPAK GUPTA
Daya Kishan – Appellant
Versus
Bhim Singh (deceased) through his LRs – Respondent


Advocates Appeared:
For the Parties : Mr. Nitin Kumar , Mr. Sandeep K. Sharma.

JUDGMENT :

(Deepak Gupta, J.) :

This Regular Second Appeal is against the concurrent findings of the Courts below, whereby suit for declaration and consequential relief of possession and permanent injunction filed by the plaintiffs (appellants herein) was dismissed on 28.09.1990 by the Trial Court and the appeal filed by them was dismissed by the First Appellate Court on 23.08.1991. To avoid confusion, parties shall be referred as per their status before Ld. Trial Court.

2. The dispute is regarding inheritance of Lalman son of Singh Ram, who was the owner of the suit land situated in Village Kahnaur, Tehsil and District Rohtak. Said Lalman expired on 15.06.1983 leaving behind 06 children, who are parties to this litigation. Four of them, namely, Daya Kishan, Hari Kishan, Maya and Savitri (appellants herein) instituted the suit by claiming that they along with defendant No.2 – Smt. Banti (respondent No.2 herein) are owner in possession of the suit land to the extent of 5/6th share. They challenged the mutation sanctioned in favour of defendant No.1 – Bhim Singh (now respondent No.1 through his LRs) regarding the entire suit land to be null and void. It was further pleaded that in ca

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