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2008 Supreme(HP) 366

DEV DARSHAN SUD
Bhekhalu Devi – Appellant
Versus
Ram Ditti – Respondent


Advocates:
For the Appellant :- Mr. Bhupender Gupta, Senior Advocate with Ms. Charu Gupta, Advocate.
For the Respondents:- Mr. K.D. Sood, Advocate.

JUDGMENT

(Dev Darshan Sud, J.) - This appeal has been preferred by the defendant against the judgment and decree of the learned Additional District Judge, Kullu in an appeal preferred by the plaintiff-respondent against the judgment and decree of the learned Senior Sub Judge reversing the judgment and decree in favour of the appellant and dismissing the suit of the plaintiff who had challenged Ex.P-1 order of the Assistant Collector, Ist Grade, Kullu, dated 5.5.1989 as affirmed by the Collector vide Ex.P-2 rejecting the claim of the appellant for trying the disputed question of partition as a title suit.

2.The plaintiff approach the trial Court on the allegation that the suit land comprised in Khata/Khatauni No. 108/278, Khasra No. 3538, measuring 15-14 bighas, as entered in Jamabandi for the year 1986-87 of Phati and Kothi Mandalgarh, Tehsil and District Kullu, H.P., is recorded in the joint ownership and possession of the plaintiff (respondent herein) and the defendant (appellant herein). She pleaded that defendant No. 1-appellant, Smt. Bhekhalu, filed an application before the Assistant Collector, Ist Grade, Kullu for partition. Two other applications seeking partition of the












































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