C.R.No.6837 of 2009

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

C.R.No.6837 of 2009

Date of Decision 23.11.2009

Bachna Ram and other

........ Petitioners

Versus

Data Ram & another

........ Respondents

CORAM:

HON'BLE MR.JUSTICE HEMANT GUPTA

Present:

Mr.Vineet Chaudhary, Advocate,

for the petitioners.

HEMANT GUPTA, J.

Challenge in the present petition by the defendant is to the

orders dated 2.9.2009 and 25.4.2008, passed by the courts below whereby

the defendants-petitioners were restrained from dispossessing the

plaintiffs-respondents from the suit property.

The defendants-petitioners alleged to have purchase the suit

property vide sale deed dated 19.7.1981, from Tulsi. One Bhura was

recorded as a person in possession of the land as a Gair Marusi tenant as

per the jamabandi for the year 1971-72, on payment 1/3^rd of the farm

produce on Batai. The said entries were continued in the jamabandi for the

years 1986-87, 1991-92, 1996-97 and 2001-2002 as well. The plaintiffs-

defendants are the legal heirs of Bhura. Both the Courts have granted ad

interim injunction for the reason that the tenancy rights were inherited by

the plaintiffs after the death of Bhura, the