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1999 Supreme(HP) 39

LOKESHWAR SINGH PANTA
KIMTU – Appellant
Versus
LACHHI DEVI,OM PRAKASH – Respondent


Advocates Appeared:
Mr. S.S. Mittal, Advocate, for the Appellant; Ms. Devyani Sharma, Advocate, for the Respondent No. 1; Mr. N.K. Thakur, Advocate, for the Respondent No. 2.

JUDGMENT

Lokeshwar Singh Panta, J.—The above second appeal has been filed by the plaintiff in Civil Suit No. 34 of 1987 on the file of Senior Sub-Judge, Lahaul Spiti District at Kullu exercising the powers of Sub-Judge, 1st Class, Kullu, having lost before both the courts below.

2. The appellant-plaintiff filed the suit for possession of the land comprised in Khasra No. 5082/52 Khatauni No. 731/1549 admeasuring 1-13 biswas and 1/10 share of Khata No. 732 Khatauni No. 1550 Khasra No. 44 min measuring 31 bighas 5 biswas i.e. 3 bighas 3 biswas, total land being 4 bighas 16 biswas situate in Phati Nathan, Kothi Naggar, Tehsil and District Kullu, with further prayer of recovery of Rs. 970/- as mesne profits. The suit was filed against two defendants, namely, Smt. Lachhi Devi respondent-plaintiff and Smt. Devku.

3. It was the case of the plaintiff that her father Gehru was deaf and dumb from his childhood and was also possessing very slow intelligence, thus, due to the disability he was unable to manage his property and to enter into contract. Gehru used to live with his mother, who managed his property, but after her death, Smt. Sobhi, the wife of Gehru started squandering away his landed
























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