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1993 Supreme(HP) 94

DEVINDER GUPTA
BALA RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the petitioner(s):Mr. Ramakant Sharma for Mr. A. K. Goel, Counsel for the petitioners. For the respondent(s):Mr. G. D. Verma, Addl. Advocate:General, for respondent No. 1.

JUDGMENT

Devinder Gupta, J.—The order passed on 25th July, 1991 by the Additional District Judge, Nahan, Sirmaur District Camp at Solan, is under challenge in this revision petition at the behest of the plaintiffs, who were respondents in the appeal before the lower appellate court The facts giving rise to the revision petition may be narrated

2. A suit was filed by the plaintiffs-petitioners in the Court of Sub-Judge, Kandaghat, wherein they claimed a decree for declaration that they, alongwith proforma defendants, are the owners in possession of the suit land, according to the shares, as per Shajra Nasab and the entries in the revenue record as also certain mutations were illegal, against facts and had no effect on their rights and also that they alongwith proforma defendants alone had got a right to get compensation in respect of the part of the suit property, which had been acquired by the State of Himachal Pradesh. After a protracted trial, the suit was decreed on 22nd June, 1987. The decree was passed to the following effect; “the plaintiffs and proforma defendants are held to be owners in possession of the suit land and that they are and not Gram Panchayat entitled to receive
















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