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JASWANT SINGH
Tejpal – Appellant
Versus
Shanti Devi – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. M.L. Sarin Sr. Advocate with Mr. Kabir Sarin, Advocate.
For the Respondent:Mr. R.C. Setial, Sr. Advocate with Mr. Vishal Ranjan, Advocate.

JUDGMENT

Jaswant Singh, J.—Plaintiff/appellant is in this second appeal against the judgment and decree dated 29.04.2009 passed by the learned Court of Additional District Judge, Faridabad whereby the appeal filed by the defendant has been partly allowed to the extent that the judgment and decree dated 26.11.2007 passed by the Civil Judge (Jr. Divn.), Faridabad declaring the plaintiff to be lessee on the suit land was set aside but the judgment and decree passed by the trial court was upheld so far as it related to declaration that the defendant has no right to dispossess the plaintiff from the suit property except in due course of law.

2. Brief facts for proper adjudication of the case in hand are that the plaintiff/appellant has set up a case that he alongwith his brother Richhpal had taken on lease the land measuring 37 Kanals 16 marlas detailed in para No.1 of the plaint from its owner K.B. Sharma vide lease deed executed on 16.07.1982 and registered on 13.08.1982. He and his brother bad mutually partitioned their lease hold rights and as a result, he has occupied land measuring rectangle No.40, Killa No.16( 4-0), 24(6-9) and 25(8-0) (hereinafter referred to as the suit land) as















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