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1964 Supreme(HP) 10

OM PARKASH
Krishan Dev – Appellant
Versus
Smt. Ram Piari – Respondent


Advocates:
Tek Chand, for Petitioner; M.L. Aukta, for Respondent.

ORDER :- This revision-petition is directed against a decree of the learned District Judge, Mahasus whereby, as a result of variation of a decree of the learned Senior Subordinate Judge, Mahasu, the respondent was granted a decree for possession of a site, after removal of the structures, put up by the petitioner.

2. The respondent had brought a suit for possession of a portion of the site, comprised in Khasra No. 19, situated in bazar Badah (popularly known as Dhali bazar, a suburb of Simla), after demolition of the structures, put by the petitioner, and for the issue of a permanent injunction. The allegations of the respondent were that the site, in dispute, which was previously comprised, in Khasra Nos. 107 and 108, village Badah, was owned by M/s. Darbari Lal Vasu Dev, and was purchased by her husband, on the basis of a registered sale-deed dated 30-7-1957, that her husband had transferred the site in her favour that the petitioner was a sub-tenant of the land adjoining the site, that the petitioner had built a Dhara and a staircase on the land under his sub-tenancy and had, while doing so, illegally encroached upon a portion of the site. The respondent prayed that she may be gr

















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