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2014 Supreme(HP) 300

TARLOK SINGH CHAUHAN
Union of India – Appellant
Versus
Gorkhia – Respondent


Advocates:
For the appellants: Mr. Rajiv Jiwan, Senior Panel Counsel, Union of India.
For the respondent:Mr. Bimal Gupta, Advocate.

JUDGMENT

Tarlok Singh Chauhan, J. (Oral): This Regular Second Appeal has been preferred by the defendants/appellants against the judgments and decrees passed by the learned Courts below, whereby the suit of the plaintiff/respondent for permanent prohibitory injunction alongwith mandatory injunction was decreed by the learned trial Court and the said decree affirmed by the learned first Appellate Court.

2. The facts in brief are that the respondent/plaintiff filed a suit claiming therein that he is owner of the land comprised in Khasra No. 30, Khata/Khatauni No. 11/13 min, measuring 3-9 bighas situated in mauza Devthal, Pargana Bharoli, Tehsil and District Solan (H.P.) as per jamabandi for the year 1996-97, whereas defendants were strangers having no right, title and interest who through defendants No. 2 and 3 have forcibly encroached upon the suit land to the extent of 2-14 bighas depicted by Khasra No. 30/1 as per tatima prepared by patwari halqua. The grievance of the plaintiff was that defendants had constructed a pump house, one two room and one three room set unauthoriseldy and illegally without the consent of the plaintiff or his predecessor. Despite repeated requests officia














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