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1990 Supreme(HP) 142

DEVINDER GUPTA
BABO RAM – Appellant
Versus
SITA DEVI – Respondent


Advocates Appeared:
For the appellant(s) :Shri Dharam Chand, Advocate. For the respondent(s):Shri K. D. Sood, Advocate, with Ms. Bandna Lakhanpal, Advocate.

JUDGMENT

Devinder Gupta, J —This is defendants appeal against the judgment and decree passed on March 17,1980, by District Judge, Harnirpur and Una Districts at Una, dismissing his appeal and thereby confirming the judgment and decree passed on August 6, 1979, by Senior Sub-Judge, Una, by which suit of plaintiff-respondent was decreed for declaration with a consequential relief of injunction.

2. Plaintiff claimed a decree for declaration on the basis that he was in actual cultivating possession of 11 Kanals 7 Marias of land comprised in Khasra Nos. 669, t709 671, 672 and 674 situate in village Nfandpur, Tehsil Amb, District Una, as a tenant under the defendant and the correction made in the revenue records in Rabi 1976 showing the defendant to be in cultivating possession was factually wrong, illegal, unauthorised, ineffective and inoperative against his rights and as on the basis of this wrong entry in the revenue records, defendant had intention to interfere with his possession, therefore, as a consequential relief a decree for permanent prohibitory injunction restraining the defendant from causing any interference with his possession was also sought Suit was resisted by the defen









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