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2009 Supreme(HP) 696

RAJIV SHARMA
MELA RAM – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
For the appellant:Mr. Bhupender Gupta, Sr. Adv. with Ms. Charu Gupta, Adv. For Respondents No. 1 & 2: Mr. R.K. Sharma, Sr. Addl. A.G. With Mr. Rajinder Dogra, Addl.
A.G. and Mr. Ramesh Thakur, Asstt. Advocate General.
For Respondents No. 3 & 4: Nemo.
For the appellants: Mr. R.K. Sharma, Sr. Addl. A.G. with Mr. Rajinder Dogra, Addl.
A.G. and Mr. Ramesh Thakur, Asstt. Advocate General.
For Respondents No. 1 to 3: Mr. Bhupender Gupta, Sr. Adv. with Ms. Charu Gupta, Adv.

JUDGMENT

Rajiv Sharma, J.-Since common questions of law and facts are involved in these regular second appeals, they were taken up together for hearing and are being disposed of by a common judgment. RSA No. 142 of 1995:

2. This regular second appeal is directed against the judgment and decree dated 25.2.1995 passed by the learned District Judge, Shimla in Civil Appeal No. 27-S/13 of 1993.

3. Brief facts necessary for adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff for convenience sake) filed a suit against the contesting defendants for declaration that he and proforma respondents-defendants; namely, Beli Ram and Banka Ram have become owners of land comprised in Khasra No. 563, 564 and 704 (new) measuring 2-92-60 hectares Chak Bahli, Tehsil Rohru, District Shimla by way of adverse possession and ultimately the order of Financial Commissioner (Appeals), Himachal Pradesh dated 22.7.1985 and the order of Assistant Collector II Grade, Rohru dated 23.9.1986 are illegal, without jurisdiction and not binding upon them. He has also prayed for permanent prohibitory injunction restraining the defendants from interfering i






















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