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2002 Supreme(HP) 89

A.K.GOEL
KASHI RAM – Appellant
Versus
HARBHAJAN SINGH BHAJJI – Respondent


Advocates Appeared:
Ms. Rama Mehta, for Appellant; Bhupender Gupta, Sr. Advocate with Praneet Gupta, for Respondent.

ORDER

1. This Second Appeal has been filed by the defendant who is being referred to as such hereinafter in this judgment.

2. A suit was filed by the respondent-plaintiff for possession of the land as detailed in the plaint. This suit was based on title. According to the averments made in the plaint, plaintiff purchased the same from Smt. Sarita Rani, wife of Narinder Kumar. She had purchased this land from its previous owner Shri Daya Ram son of Shri Tulsi Ram. The sales are reflected in the revenue records vide mutation Ext. PW. 1/B, in favour of Smt. Sarita Rani and vide mutation Ex. PW-1/C in favour of the plaintiff. Further the case set-up by the plaintiff was that he was residing at Shimla and had been in occupation of the suit property from the time he purchased it and prior to her, it was Smt. Sarita Rani who was in its occupation. Plaintiff could not attend to the land in question for a continuous period of 4-5 months in the year 1983 due to his political pre-occupation. Further, when he went in the month of October 1983, to see the land, he found defendant having cut and removed the grass who when asked to desist from such activities refused blankly. Thereafter the plaintif


































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