Balraj Singh vs Gurpreet Singh - 2025 Supreme(P&H) 77

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(P&H) 77

ALKA SARIN
Balraj Singh – Appellant
Versus
Gurpreet Singh – Respondent

Advocates Appeared:
For the Appellant : Mr. Vikas Malik Adv., Mr. R.S. Sekhon Adv.

JUDGMENT :

Alka Sarin, J.

CM-3390-C-2020

1. For the reasons stated in the application, the same is allowed. The delay of 176 days in re-filing the present appeal is condoned.

RSA-1040-2020 (O&M)

2. Present appeal has been preferred by the plaintiff-appellants challenging concurrent findings returned by the Trial Court vide judgement and decree dated 01.05.2017 and by the First Appellate Court vide judgment and decree dated 15.05.2019.

3. The brief facts relevant to the present lis are that the plaintiff-appellants filed a suit for possession by way of partition of gair mumkin land measuring 03 Kanals 16 Marlas. It was the case set up by the plaintiff-appellants that the total Khewat was of 62 Kanals 10 Marlas and out of that 58 Kanals 14 Marlas was agricultural land and only land falling in Khasra No.498 (3-16) was gair mumkin abadi. The suit was contested by defendant- respondent Nos.1 and 2 who filed their joint written statement stating therein that they have constructed residential houses by spending lakhs of rupees and that their ancestors had orally partitioned the land since long and that defendant-respondent Nos.1 and 2 have been residing in the property in question and have buil

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