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1991 Supreme(HP) 10

D.P.SOOD
HARBANS SINGH – Appellant
Versus
KARAM CHAND – Respondent


Advocates Appeared:
For the appellant(s) :Shri Sandeep Kaushik, Advocate vice Shri S. S. Kanwar, Advocate. For the respondent(s):Shri Harish Behl, Advocate, vice Shri Om Prakash, Advocate.

JUDGMENT

D. P. Sood. J.—This Regular Second Appeal under section 100 (old) of the Civil Procedure Code read with section 41 of the Punjab Courts Act, has been directed against the judgment and decree, dated November 25, 1981 of the then learned Additional District Judge, Kangra Division at Dharamshala, whereby the trial Courts judgment directing the suit of the plaintiffs to be dismissed, was upheld.

2. The plaintiffs are the appellants and the respondents were tire defendants in the trial Court. Both the parties have been referred to hereinabove as plaintiffs’ and defendants. The bone of contention between the parties is the suit land contained in Khata Khatauni No. 62/127, Khasra No. 638/466 min measuring 15 Kanals 18 Marias (part-1) and Khata Khatauni No. 62/129 Khasra No 638/466 measuring 3 Kanals, besides, Kbasra No 559 measuring 17 Kanals 8 Marias (part-II), as per Jamabandi for the year 1968-69, situate in Tika Bari Tehsil Nurpur, District Kangra. Both the defendants were admittedly the tenants of the suit land. The plaintiffs have filed the instant suit for declaration and issuance of permanent prohibitory injunction against the defendants on the basis of title and possessio


















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