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BARKHURDAR versus LAL


The Special Relief Act, 1877, suits for declaration of inheritance claim in section 42 joint estate restitution, under the possession of the accused as joint owners. Therefore, they did not have any objection to the relevant ownership of the case, that the defendants never claimed it through adverse possession, but their case was that due to the hereditary change. They were entitled to inherit the property in question as joint owners. The deceased was the landowner and the defendants were in joint possession as the joint owner, the defendants should have been declared joint owners of the land along with the defendants, therefore, the case was to be retained in the declaration.

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