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1999 Supreme(HP) 202

M.R.VERMA
KAMAL DEV – Appellant
Versus
HANS RAJ – Respondent


Advocates Appeared:
Mr. H.K. Bhardwaj, Advocate, for the Appellant; Mr. K.D. Sood, Advocate, for the Respondents.

JUDGMENT

M.R. Verma, J.—This appeal has been preferred by the appellants-defendants (hereinafter referred to as the defendants) against the judgment and decree dated 16.12.1995 passed by the learned Additional District Judge, Kangra while holding camp at Una whereby the first appeal preferred by the defendants before him has been dismissed and the judgment and decree dated 30.12.1989 passed by the learned Sub-Judge 1st Class(1), Una was confirmed.

2. Brief facts leading to the presentation of this appeal may be stated as follows:

3. The respondent-plaintiff (hereinafter referred to as the plaintiff) instituted a suit for permanent injunction restraining the defendants from interfering or taking forcible possession and digging out foundations or raising any sort of construction on the land marked ABCD specifically shown in red colour in the site plan filed alongwith the plaint forming a part of the land comprising Khewat No. 360, Khatauni No. 672 min, Khasra No. 4343/3820 measuring 1 Kanal 11 marlas situate in village Una, Tehsil and District Una (hereinafter referred to as the suit land) and in the alternative for possession through removal of the construction. Case of the plaintiff



































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