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2023 Supreme(All) 2598

SAURABH SHYAM SHAMSHERY
Shyam Singh – Appellant
Versus
Leelu – Respondent


Advocates appeared:
For the Petitioner:Sri Satyendra Narayan Singh, Advocate.
For the Respondent:Sri A.C. Nishad, Standing Counsel, Sri H.M.B Sinha, Advocate.

JUDGMENT

Saurabh Shyam Shamshery, J.

Parties are litigating since 1971 and they are before this Court in their second round of litigation since 1998 and after 25 years the writ petition is finally are decided.

2. Crux of Dispute

    (i) Parties to dispute admittedly belonged to common ancestor namely Sarjeet who has two sons namely Saman and Hira.

    (ii) Petitioners and respondents are from Saman's two sons namely Shiv Sahai and Munshi. Some respondents are from Hira, the other son of Sarjeet.

    (iii) Admitted pedigree is as follow :-

    Sarjit

      Saman

        Gogal

        x

        Gopal

        x

        Shivsahai

          Sohan

            Pat Ram

          Ram Lal

            Sahaj Ram

            Shyam Singh

        Sheoram

          Tika Ram

            Ram Phal

        Ganga

        Sahai

          Risal

            Bhondu

            Ram

            Swaroop

        Shiv

        Charan

          Harbal

            Lakhi

            Chand

          Hargolal

        Munshi

        @ Sheobaran

          Hari

          Chand

            Leelu

            Jaipal

            Jeevan

          Dheer

          Chand

          x

      Hira

        Sheo

        Bux

          Tule

          Ram

          Bholey

          Ram

    (iv) Present dispute is related only to land bearing Khata No. 261, 519 and 520 and dispute in regard to Khata No.292 stood finalized by a judgment dated 17.12.1982 passed by High Court.

    (v) Petitioners and now their legal heirs have set up their claim that land in dispute was their personal Sir and Khudkast, whereas according to respondents and their legal heirs, land

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