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1998 Supreme(HP) 36

KAMLESH SHARMA
LACHHMAN – Appellant
Versus
ISHWAR SINGH – Respondent


Advocates Appeared:
Mr Ankush Sood, Advocate, for the Appellants. Ms. Devyani Sharma, Advocate, for the Respondents.

JUDGMENT

MS. KAMLESH SHARMA, J.—This appeal is directed against the decree and judgment dated 15.5.1991 passed by Additional District Judge, Bilaspur whereby the appeal of respondent-plaintiff No. 1 Ishwar Singh was allowed and his suit for possession in regard to Khasra No. 297 was decreed by setting aside the decree and judgment dated 12.2.1986 of Senior Sub-Judge, Bilaspur in which it was held that the appellants-defendants and pro forma respondents-defendants had acquired valid title over the land of this Khasra number by adverse possession. The cross-appeal filed by one of the appellants-defendants, namely, Lachhman Singh was also partly allowed in respect of Khasra No. 331 and decree and judgment dated 12.2.1986 of Senior Sub-Judge was modified holding that Ishwar Singh was entitled to possession of Khasra No. 331 on payment of Rs. 500/- as mortgage money. The Senior Sub-Judge had passed decree for possession of Khasra No. 331 in favour of Ishwar Singh and against the defendants without payment.

2. Brief facts of the case are that Ishwar Singh had filed civil suit for possession of two pieces of land, one measuring 1-18 Bighas comprised in Khasra No. 331 and another measuring








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