R.S.A.No. 2317 of 2004 (O&M)

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In the High Court of Punjab and Haryana at Chandigarh

R.S.A.No. 2317 of 2004 (O&M)

Date of decision: 11.12.2009

Tarsem Singh and another

......Appellants

Versus

Gurmail Singh

.......Respondents

CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr.P.K.Gupta, Advocate,

for the appellants.

Mr.Sandeep Jain, Advocate,

for the respondent.

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SABINA, J.

Plaintiffs-appellants filed a suit for declaration and

permanent injunction, which was dismissed by the Civil Judge

(Jr.Divn.), Hoshiarpur vide judgment and decree dated 24.9.2002.

In appeal, the said judgment and decree were upheld by the

Additional District Judge, Hoshiarpur vide judgment and decree

dated 28.4.2004. Hence, the present appeal.

Brief facts of the case, as noticed by the lower appellate

Court in para Nos. 2 and 3 of its judgment, are as under:-

R.S.A.No. 2317 of 2004 (O&M)

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“2.

In nut shell, the case of the plaintiffs was that

they were owners of the land shown as green in the site

plan and that the defendant was owner of the land shown

as yellow, along with the passage in dispute; that the land

of Lashkar Singh