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2009 Supreme(HP) 524

KULDIP SINGH
KARAM CHAND – Appellant
Versus
BALWANT RAI – Respondent


Advocates Appeared
For the Appellants:Mr. N.K. Thakur , Advocate. For the Respondents:Mr. Ajay Sharma, Advocate.

JUDGMENT

Kuldip Singh, J.-This appeal has been directed against the judgment, decree dated 11.9.1998 passed by Additional District Judge, Una in Civil Appeal No. 23/91, 47/91 RBT. No.198/94 allowing the appeal by setting aside the judgment, decree dated 1.2.1991 passed by Sub Judge 1st Class (I), Una in Case No. 59 of 1985.

2. The facts, in brief, are that one Jagdish Ram predecessor of respondents 1(a) to 1(j) had filed a suit against appellants, Kishan Chand predecessor of respondents No.2 to 6 and respondents No.7 to 14 for declaration that he has become owner of land measuring 11 kanals 1 marla situated at village Samoor Khurd, Tappa Momaniar, Tehsil Bangana, District Una as per jamabandi 1982-83 more specifically detailed in the plaint by lapse of time, extinguishment and foreclosure of right of equity of redemption, appellants, Kishan Chand and respondents No.7 to 14 have no right and interest in the suit land. The consequential relief of permanent injunction was also prayed.

3. The further pleaded case is that Pala and Ram Saran owners of the suit land had mortgaged their rights in the land owned and possessed by them with Ralloo, Wazira and Govind prior to the year 1920.










































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