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2009 Supreme(HP) 1114

DEV DARSHAN SUD
RAJ MAL RAJPOOT – Appellant
Versus
RAJ KUMARI – Respondent


Advocates Appeared:
For the Appellant:Mr. Bhupender Gupta, Senior Advocate, with Ms. Charu Gupta,
Advocate.
For the Respondent:Mr. Ajay Kumar, Advocate.

JUDGMENT

Dev Darshan Sud, J.-These appeals have been preferred by the plaintiff against the judgment and decree of the learned District Judge affirming the decree of the learned Sub Judge Ist Class-(3), Shimla, dismissing the suit instituted by the plaintiff-appellant.

2. Two cases; Civil Suit No.157/1 of 89, titled: Shri Rajmal Rajput vs. Smt.Raj Kumari and Civil Suit No.135/1 of 90, titled: Smt.Raj Kumari vs. Shri Rajmal Rajput, were consolidated and tried together by the learned Sub Judge Ist Class-(3), Shimla. The appellant-plaintiff herein, prayed for a decree of permanent prohibitory injunction against the defendant Smt.Raj Kumari, whereas in the other suit instituted by her she prayed for a decree of permanent prohibitory injunction against the plaintiff herein. The case pleaded by the plaintiff was that he is the owner in possession of land comprised in Khasra No.241/111, measuring 19 bighas, Khata No.33, Khatauni No.42, situated at Phagli, Shimla, and has constructed a residential house over it. He had covered 6/7 biswas of land under his construction and there was 12/13 biswas of land which was vacant. Adjoining to this land is the land/property of the defendant measuring







































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