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2010 Supreme(HP) 1008

V.K.AHUJA
Malka Devi – Appellant
Versus
Ashok Kumar – Respondent


Advocates appeared:
For the appellants :Mr. Romesh Verma, Advocate.
For the respondents:Mr. K.D. Sood, Advocate.

JUDGMENT :

V.K. Ahuja, J. :

This Regular Second Appeal under Section 100 C.P.C. has been filed by the appellant/defendant against the judgment and decree passed by the learned District Judge, Kangra, dated 21.10.1997, vide which the judgment and decree passed by the learned Sub Judge, Dehra, dated 26.3.1997, decreeing the suit of the plaintiff for declaration and for possession, was upheld.

2. Briefly stated, the facts of the case are that the respondent hereinafter referred to as the plaintiff (originally the suit was filed by the predecessor-in-interest of the plaintiff named Basanta) as against Amar Singh, now represented by the present appellant, hereinafter referred to as the defendant. It was alleged by the plaintiff that the land in suit as detailed in the plaint was owned and possessed by the plaintiff. The plaintiff was an old man having no child and being an illiterate villager, had only the suit land for his livelihood. The defendant used to visit the house of the plaintiff and also posed himself to be nearest and dearest of the plaintiff and his wife. The plaintiff and his wife always dreamt the defendant as his son and had reposed confidence in him. On 17.8.1984, the de




















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