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CASE NO.:

Appeal (civil) 5 of 1992

PETITIONER:

DARSHAN SINGH & ORS.

Vs.

RESPONDENT:

GUJJAR SINGH (DEAD) BY LRS. & ORS.

DATE OF JUDGMENT: 08/01/2002

BENCH:

V.N. Khare & S.N. Phukan

JUDGMENT:

PHUKAN, J.

This appeal by special leave is directed against the

judgment of the High Court of Punjab and Haryana in Letters Patent

Appeal No.55/95.

Briefly stated, the facts are as follows:

Two brothers, Hira Singh and Jagjit Singh were convicted

in a murder case. During their confinement in jail, Jagjit Singh

absconded and Hira Singh was granted pardon. After release Hira

Singh took possession of the entire land including the share of his

brother, Jagjit Singh. Hira Singh died sometime in the year 1920 and

on his death, one Smt. Har Kaur, wife of a collateral took possession

of the land. Rulia Singh, the adopted son of Hira Singh questioned

the mutation as well as possession of Har Kaur and, therefore, she

filed a suit for declaration that Rulia Singh was not validly adopted by

Hira Singh and also sought permanent injunction restraining Rulia

Singh from interfering with her po