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2002 Supreme(HP) 310

LOKESHWAR SINGH PANTA
TOKHA – Appellant
Versus
BIRU – Respondent


Advocates Appeared:
M/s. Anand Sharma and Trilok Chauhan, Advocates, for the Appellant; Ms. Rama Mehta, Advocate, for the Respondent 1.

JUDGMENT

Lokeshwar Singh Panta, J.—This appeal under Section 100 of the Code of Civil Procedure, 1908 is directed against the judgment and decree dated 3.5.1993 passed by District Judge, Chamba in First Appeal No. 6 of 1992, who, on appeal reversed the judgment and decree of Senior Sub Judge, Chamba dated 18.12.1990 dismissing the suit of the respondent No. 1. The defendant No. 1 Tokha in the suit out of which this appeal arises, is the appellant and the respondent No. 1 is the plaintiff and other two proforma respondents herein are defendants 2 and 3. Hereinafter the parties will be referred to as the plaintiff and the defendants.

2. Smt. Biru plaintiff filed suit for declaration and possession against the defendants inter alia alleging that she made a gift in favour of one Singh of her land comprising khasra Nos. 78, 92, 98, 162, 351, 381, 396, 410, 425 and 442 measuring 7 bighas and 2 biswas and khasra Nos. 72, 80, 142, 206, 237, 339, 421 measuring 3 bighas and 4 biswas situated in Mohal Saho, Pargana Himgiri, Tehsil Churah, District Chamba. Necessary deed of gift was executed on 12.1.1984 mark Ext. D-l and the said gift was made for providing services to the plaintiff during her






































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