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2009 Supreme(HP) 252

KULDIP SINGH
Krishan Singh alias Kishan Singh – Appellant
Versus
Balram Singh – Respondent


Advocates:
For the Appellant :Mr. Sanjeev Kuthiala, Advocate.
For the respondent:Mr. Ajay Sharma, Advocate.

JUDGEMENT

Kuldip Singh , Judge This appeal has been directed against the judgment, decree dated 30.9.1999 passed by the learned District Judge, Una in Civil Appeal No. 113/1993 confirming the judgment, decree dated 12.4.1993 passed by the learned Sub Judge 1st Class, Court No.II, Amb, in Civil Suit No.230/1987 RBT No. 357/1989.

2. The appellant was defendant and Kashmir Singh father of respondent was plaintiff in the suit for permanent prohibitory injunction. The facts, in brief, are that Kashmir Singh filed a suit for permanent prohibitory injunction against the appellant from interfering, encroaching, taking forcible possession, selling, plucking mangoes, cutting and removing mango trees from the land comprised in Khasra No. 2868 measuring 1 kanal 17 marlas Village Oel, Tehsil Amb, District Una, on the basis of title and possession. It was pleaded that the appellant has no right, title and interest in the suit land.

3. The appellant contested the suit, he admitted the ownership and possession of Kashmir Singh on the suit land but pleaded that mango tree is on khasra No. 2869 and he is enjoying the fruits of said tree standing on khasra No.2869. The learned trial Court had framed the

















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