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2024 Supreme(SC) 584

VIKRAM NATH, PRASHANT KUMAR MISHRA
Duni Chand – Appellant
Versus
Vikram Singh – Respondent


Advocates appeared:
For Appellant(s) Mr. Shiv Sagar Tiwari, AOR Mr. Yash Pal Dhingra, AOR
For Respondent(s) Mr. Bimal Roy Jad, Sr. Adv. Ms. Riddhi Jad, Adv. Dr. Brij Bhushan K Jauhari, Adv. Mr. Nirdosh Bhola Vishen, Adv. Mr. O.p.singh, Adv. Ms. Purnima Jauhari, AOR Mr. Ravi Bakshi, Adv. Ms. Sayma Feroz, Adv. Mr. Manvendra Pratap Singh, Adv. Mr. Chander Shekhar Ashri, AOR Mr. Shiv Sagar Tiwari, AOR

JUDGMENT :

Vikram Nath, J.

Both the above appeals assail the correctness of the judgment and order dated 29.03.2017 passed by the High Court of Himachal Pradesh whereby the RSA No.392 of 2005 titled Vikram Singh and others Vs. Tota Ram (since deceased) through LRs was partly allowed and the judgment and decree passed by the First Appellate Court was partly upheld and partly set aside.

2. Relevant facts in brief giving rise to the present appeals are as under:

    (a). Beli Ram was the owner in possession of the land in dispute. Tota Ram, plaintiff is the nephew of Beli Ram, being his brother's son. According to the plaintiff, he had been cultivating the land in question for more than three decades and had also been taking care of Beli Ram. In 1988, out of natural love and affection, Beli Ram executed a registered Will dated 12.12.1988 bequeathing the suit land in favour of the plaintiff Tota Ram. Beli Ram died on 11.07.1994. As the plaintiff had continued in possession from the time when Beli Ram was alive, he remained in possession even after death of Beli Ram. However, as the defendant started interfering with the possession of the suit land, the plaintiff made enquiry and he came to kno

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