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2007 Supreme(HP) 332

RAJIV SHARMA
Devku – Appellant
Versus
Sunari – Respondent


Advocates appeared:
K. D. Sood, for Appellants; Tarlok Chauhan, for Respondents.

ORDER :- A challenge has been laid by way of this regular second appeal to the judgment and decree passed by the Additional District Judge, Kullu on 1-5-1995 in Civil Appeal No. 58 of 1993.

2. The brief facts necessary for the adjudication of the second appeal are that the appellants-plaintiffs hereinafter referred to as the plaintiffs for convenience sake, had filed a civil suit in the Court of Senior Sub- Judge, Lahaul-Spiti District at Kullu for declaration.

3. The trial Court on the basis of the pleadings of the parties had framed the following issues :-

1. Whether the plaintiffs are co-owners in possession with defendant Nos. 1, 7 and 8 of suit land, as alleged? OPP

2. Whether the plaintiffs are entitled to the relief of permanent prohibitory injunction as prayed? OPP

3. Whether Shri Himatu executed a valid Will on 16-4-1985 in favour of defendant No. 1 as alleged? OPD-1

4. Whether the sale of the suit land by defendant No. 1 in favour of defendant No. 5, 2 to 6 dated 25-2-1991 is null and void and without title as alleged? OPP

5. Whether the plaintiffs are estopped from filing this suit by their acts and conduct as alleged? OPDs

6. Whether the suit is properly valued for purpose of C






























































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