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2002 Supreme(HP) 308

M.R.VERMA
STATE OF HIMACHAL PRADESH – Appellant
Versus
SONDHU – Respondent


Advocates Appeared:
Mr. J.K. Verma, Dy. A.G. for the Appellant; Mr. Ramakant Sharma, Advocate, for the Respondents No. 1, 2(b) and 2(c).

JUDGMENT

M.R. Verma, J.:—This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 22.7.1994 passed by the learned Additional District Judge, Solan, Camp at Nalagarh, in Civil Appeal No. 33 NL/13 of 1993.

2. Brief facts leading to the presentation of this appeal are that respondent No. 1 Soudhu Ram and his brother Shiv Ram [since deceased and now represented by respondents No. 2(a) to 2(c)] (hereafter referred to as the plaintiffs) instituted a suit for declaration and consequential relief of permanent injunction against the appellant/defendant (hereafter referred to as the defendant). The case of the plaintiffs, as made out in the plaint, is that the land comprising Khasra No. 263 measuring 5 Bighas 6 Biswas, Khewat Khatauni No. 56 min/68, situate in village Kholowal, Pargana Gullerwala, Tehsil Nalagarh, District Solan, as specifically detailed in the Jamabandi for the year 1983-84 (hereafter referred to as the suit land) is in possession of the plaintiffs since 1.7.1958 when they entered on the said land and planted trees of Kikkar, Beri etc. thereon and also used the same as Ghasni. Thereafter they remained in continuous uninte

































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