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2011 Supreme(HP) 2385

RAJIV SHARMA
Janam Singh – Appellant
Versus
Puran – Respondent


Advocates appeared:
For the appellants :Mr. Anand Sharma, Advocate with Mr. Jagan Nath, Advocate.
For the Respondents:Mr. R.K. Gautam, Sr. Advocate with Ms. Archana Dutt, Advocate for respondent No.1 None for other respondents.

JUDGMENT:

Rajiv Sharma, J.

This Regular Second Appeal is directed against the judgment and decree dated 29.10.2010 rendered by the learned Additional District Judge, Fast Track Court, Chamba, in Civil Appeal No.31/2009.

2. Material facts necessary for the adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as ‘plaintiff’ for convenience sake) instituted a suit for declaration alongwith consequential relief of injunction against the appellants-defendants and proforma defendants (hereinafter referred to as “defendants” and “proforma defendants”, respectively for sake of convenience) stating therein that he was owner in possession of the land, as detailed in the plaint. He has challenged the mutation No. 1376 dated 30.12.1976 attested on the basis of order of Land Reforms Officer, Bhatiyat being void. He has alleged that Amar Singh son of Sh. Nar Singh and Tej Singh son of Sh. Labh Singh were the owners of the suit land and Sadho, the father of plaintiff, was their tenant. He has become owner in possession of the suit land by operation of law. Defendant No.1, namely, Janam Singh, has retired as Panchayat Inspector, Chowari and defen






























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