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2014 Supreme(HP) 281

TARLOK SINGH CHAUHAN
Dhani Ram – Appellant
Versus
Ramesh Kumar – Respondent


Advocates:
For the Appellants :Mr. Naveen Kumar Bhardwaj, Advocate.
For the Respondents:Mr r. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate.

JUDGMENT

Tarlok Singh Chauhan, Judge (Oral). This regular second appeal is directed against the judgement and decree dated 27.6.2011 passed by learned District Judge, Fast Track Court, Chamba, whereby he affirmed the judgement and decree dated 15.1.2010 passed by the learned Civil Judge (Sr. Divn.), Chamba.

2. The plaintiff- appellant filed a suit for permanent prohibitory and mandatory injunction and possession that he is owner in possession of land comprised in Khata Khatoni No. 88/150, Khasra No. 863, measuring 1-6 bighas situated in Mohal Mugla, Pargna Panjla Tehsil and District Chamba, H.P, whereas the defendant- respondent No.1 is owner of land comprised in khata Khatoni No. 505/609, khasra No. 1949/1775, measuring 0-3-8 bighas situated at Mouza Mugla, Tehsil and District Chamba. It is pleaded that khasra No. 1949/1 775 is min khasra and having been carved out from khasra No. 856 and that the suit land and the land of defendant- respondent No. 1 abut each other but without getting the boundaries settled, the respondents- defendants No. 1 and 2 started construction work and thereby encroached upon the suit land and though the respondent No. 1 is recorded owner of khasra No. 19




















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