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2011 Supreme(HP) 2342

RAJIV SHARMA
Hans Raj – Appellant
Versus
Ran Singh – Respondent


Advocates:
For the Appellants :Mr. Raman Sethi, Advocate.
For the Respondent:M r. Ashok Sood, Advocate.

JUDGEMENT

Rajiv Sharma, Judge: This regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge, Solan on 23.3.2002 in Civil Appeal No.51-S/13 of 2001.

2. Material facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as “the plaintiff” for convenience sake) instituted a suit for declaration and injunction that he was owner in possession of the suit land and the appellants/defendants (hereinafter referred to as “the defendants” for convenience sake) had no right, title and interest over the same in any manner whatsoever, consequently defendants be restrained from interfering with the ownership and possession of the plaintiff over the suit land in any manner whatsoever. According to the plaintiff, Tara Chand alias Taru was owner in possession of the suit land comprised in Khata No.89, Khatauni No.104, Khasra Kitas 5, measuring 1 bigha 14 biswas situate in Mauza Kulhariwala, Pargana Doon, Tehsil Kasauli, District Solan. He died on 31.1.1996 leaving behind the plaintiff as his sole legal heir. According to him, Shri Tara Chand has adopted him as his son as per the





















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