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2024 Supreme(P&H) 1404

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ANIL KSHETARPAL
Phulla – Appellant
Versus
Sewa Singh – Respondent


Advocates Appeared:
For the Appellant : R.N. Lohan
For the Respondent: Narayan Prashad Gupta

JUDGMENT :

ANIL KSHETARPAL, J.

1. In this regular second appeal, the defendants assail the correctness of judgment passed by the first appellate Court, which in turn has reversed the judgment passed by the trial Court.

2. On 15.10.1985, the respondents-plaintiffs filed a suit for declaration that they are the owners in equal shareholding of the suit land measuring 42 kanals and 13 marlas comprised in Khewat and Khata No. 326/516, as per Jamabandi for the year 1979-1980, located in village Ghattkar and the entries recorded in favour of the defendants are liable to be corrected with a consequential relief of injunction restraining the defendants from taking possession from the plaintiffs. In substance, the plaintiffs claim to be in possession of the suit land for the last hundred years and they also claim to be in cultivating possession for more than 12 years to the knowledge of the defendants without payment of any rent or chakota or any interruption from the defendants, hence, they have acquired right of ownership by way of adverse possession from their forefathers and from 22.12.1969, when they challenged the title of the defendants. The defendants while filing the statement conteste

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