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2024 Supreme(SC) 595

VIKRAM NATH, PRASHANT KUMAR MISHRA
Amro Devi – Appellant
Versus
Julfi Ram (Deceased) Through Lrs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. M. C. Dhingra, AOR Mr. Gaurav Dhingra, Adv. Mr. Vikrant Yadav, Adv. Mr. Kunal Verma, Adv. Mr. Niharika Dubey, Adv.
For the Respondent(s): Mr. Anil Nag, AOR

JUDGMENT :

Vikram Nath, J.

Leave granted.

2. The present appeal is filed by defendants against the order of Himachal Pradesh High Court dated 15.12.2014. The Respondents are original plaintiffs who had filed the suit for declaration and specific performance. The Trial Court dismissed the suit. However, the first Appellate Court reversed the finding of Trial Court and decreed the suit. The High Court, by the impugned order, dismissed the second appeal.

3. Following are the facts leading to the Civil Suit in question:

On 27.12.1979, Mansha Ram, Dev Raj, Khazana Ram, Ramji Das and Bihari Lal (hereinafter referred as "Mansha Ram and others") filed a suit (Civil Suit No. 43 of 1983) for declaration and permanent injunction against Julfi Ram, Tihru Ram, Bakshi Ram-all three are sons of Khajana, Prem Chand-son of Julfi Ram, Kartar Chand-son of Bakshi Ram and Dharam Singh son of Nighu. Plaintiffs were the landowners and defendants were the co-tenants of the land. The Plaintiffs sought a declaration that they are owners in possession of suit land measuring 7 kanals 9 marlas. They also sought permanent injunction restraining defendants from interfering in the land in suit. The defendants conteste

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