Regular Second Appeal No. 4292 of 2003

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

Regular Second Appeal No. 4292 of 2003

Date of Order: 30th October, 2009

Dayal Singh (deceased) though his legal representatives.

....Appellants

Versus

Kashmir Kaur and others

..Respondents

CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA

Present: Mr. Arun Jain, Senior Advocate with

Mr. Amit Jain, Advocate

for the appellant.

Mr. Anupam Bharadwaj, Advocate

for the respondents.

RAJIVE BHALLA, J.

The appellant challenges the judgment and decree dated

02.08.2003, passed by the Additional District Judge (Adhoc), Amritsar,

accepting the appeal filed by the respondents, setting aside the judgment

and decree dated 22.11.2000, passed by the Additional Civil Judge (Sr.

Division), Tarn Taran and as a consequence decreeing the suit filed by the

respondents.

Gurdial Singh, since deceased, filed a suit for possession by

pleading that as Pal Singh, his father's brother, has died issueless and

unmarried, he has inherited his property. Dayal Singh defendant no.1 has

however, forcibly occupied the suit land by alleging that he has inherited

the