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2000 Supreme(HP) 298

LOKESHWAR SINGH PANTA
STATE OF HIMACHAL PRADESH – Appellant
Versus
DURGA SINGH – Respondent


Advocates Appeared:
Mr. M.S. Guleria, Dy. Advocate General with Mr. J.S. Guleria, Law Officer, for the Appellant; Mr. Bhupender Gupta, Sr. Advocate with Mr. Praneet Gupta, Advocate, for the Respondent

JUDGMENT

Lokeshwar Singh Panta, J.—The above two appeals are taken up and heard together on account of a common question of law raised in them as to the competency and authority of the civil court to deal With the claim and grant relief in favour of the plaintiffs , in the manner it has been done in the teeth of a bar engrafted in Sections 163 and 171 of the Himachal Pradesh Land Revenue Act, 1953, against the judgment and decree dated 21.8.1993 of the learned District Judge, Shimla passed in Civil Appeal No. 75-S/13 of 1991, whereby the judgment and decree dated 25.7.1991 dismissing suit No. 9/1 of 1988 by Sub-Judge 1st Class, Theog filed by respondent-plaintiff has been set aside and decreed as prayed for was granted in favour of the respondent-plaintiff. RSA No. 109 of 1994 is directed against the judgment and decree dated 17.9.1991 passed by Additional District Judge (1), Shimla in Civil Appeal No. 18-S/13 of 1993 whereby the appeal of the defendant-State Government against the judgment and decree of Sub Judge 1st Class, Theog in Civil Case No. 79/ 1 of 1990 decreeing the suit of the respondent-plaintiff for declaration and injunction has been affirmed. The parties hereinafter














































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