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2008 Supreme(HP) 542

KULDIP SINGH
Kartari Devi – Appellant
Versus
Udham Singh – Respondent


JUDGMENT

Kuldip Singh, J.

1. This appeal has been directed against the judgment and decree dated 30.8.1997 passed by learned District Judge, Una in Civil Appeal No. 3/1992, confirming judgment, decree dated 5.8.1991 passed by learned Sub Judge 1st Class, Court No. II, Amb in case No. 1041 of 1984.

2. The brief facts of the case are that respondent No. 1 Udham Singh filed a suit for declaration that he is owner in possession of land measuring 5 Kanals 14 Marlas to the extent of 2/3rd share out of land measuring 8'Kanals 11 Marlas, comprised in khewat No. 301, khatauni No. 655 and Khasra Nos. 1095 and 1113 vide jamabandi 1979-80, village Gagret, Tehsil Amb, District Una, the revenue entries and mutation No. 3531 showing Prem Singh as owner in possession of land measuring 2 Kanals 17 Marlas to the extent of 1/3rd share out of land measuring 8 Kanals 11 Marlas are wrong and illegal having no effect on the rights of respondent No. 1. In the suit, consequential relief of permanent injunction from taking forcible possession of the suit land was also prayed with alternative relief of possession.

3. The respondent No. 1 further pleaded that suit land measuring 8 Kanals 11 Marlas was jointly own














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