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2008 Supreme(HP) 462

DEV DARSHAN SUD
Chaudhary Ram – Appellant
Versus
Yash Pal – Respondent


Advocates:
For the Appellants :- Mr. Subhash Sharma, Advocate.
For the Respondents:- Mr. H.K. Bhardwaj, Advocate with Mr. Yogender Paul, Advocate for R. No. 1(a), 1(b) and 2 to 4.

JUDGMENT

(Dev Darshan Sud, J.) (Oral) - This appeal has been preferred by the successors-in-interest of the plaintiffs against the judgment and of the learned District Judge reversing the judgment and decree passed by the learned Sub Judge, Ist Class, Una in a suit for declaration instituted by the predecessors-in-interest of the appellants herein granting a decree declaring the plaintiffs to be joint owners in possession of the suit land to the extent of half share.

2.The suit out of which this appeal arises was instituted for half share of land, measuring 75 Kanals 4 Marlas, namely :-

(i) land measuring 36 Kls. 6 Mls. bearing Khewat No. 53, Khatauni No. 63, Khasra Nos. 34(4-13), 53/1(3-4), 55(12-1), 58(6-15), 100(6-7), 101(3-6);

(ii) Land measuring 24 Kanal 10 Marls, bearing Khewat No. 55, Khatauni No. 65 Khasra Nos. 53(3-2), 63(4-0), 65(2-15), 66(8-10), 67(2-12) and 68(3-11); and

(iii) Land measuring 14 Kanals 8 Marlas bearing Khewat No. 56, Khatauni No. 66, Khasra No. 54.

situated in Village Bharmar, Teeka Chowki Maniar, H.B. No. 1, Tehsil Bangana, District Una, as entered in the jamabandi for the year 1981-82 to the extent of 1/2 share with defendants No. 1 to 4.

3.The learned
































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