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2009 Supreme(HP) 67

SURINDER SINGH
GURUDWARA LAJ AJIT MEMORIAL SABHA – Appellant
Versus
GURUDWARA SINGH SABHA – Respondent


Advocates appeared:
For the appellants:Pt. Om Prakash Sharma, Sr. Advocate with Mr. Harish Behal,
Advocate.
For the respondents:Mr. Bhupender Gupta, Sr. Advocate with and for Objectors. Ms. Charu
Gupta, Advocate.

JUDGMENT

Surinder Singh, J.-The above appeals and the cross objections have arisen from the same judgment passed by the learned Additional District Judge whereby two Civil Suits bearing No.12 of 1981 (38-S/1 of 1985/1981) filed by Shri Gurudwara Laj Memorial Sabha and another Civil Suit No.6-S/1 of 1996/83 by Ajit Lajwanti Gujral Trust and others, whereby both the suits were decided by the same judgment and decree passed on 16.1.1998. The civil suit No. 38-S/1 of 1995/1981 was dismissed and Civil Suit No. Civil Suit No.6-S/1 of 1996/83 (44 of 1983) supra was partly decreed for possession of a portion of Kothi shown in red ink in the plan attached to the plaint with a consequential relief of injunction qua the suit land detailed in para 4 of the plaint, whereas the relief for seeking damages was declined, thus the above appeals and the cross-objections have been taken up together for decision. Subject matter of dispute. In Civil Suit No.12 of 81 (38-S/1 of 1985/1981):

2. Building known as “Rockdene Estate” in Kh.No.667, Land bearing in passage in Khasra No. 665, 670 and 671, situated in village Badai, Kachi Ghati, Shimla and the land comprised in Khasra Nos. 660, 661, 662, 663, 664,



























































































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