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2014 Supreme(HP) 234

RAJIV SHARMA
Parveen Kumar – Appellant
Versus
Sarojni Devi – Respondent


Advocates Appeared:
For the appellant:Mr. Rajnish K. Lall, Advocate, vice Mr. Sanjeev Sood, Advocate.
For the respondents:Mr. Neeraj Gupta, Advocate

Judgment

Rajiv Sharma, J.

This appeal is directed against the judgment dated 31.12.2001, rendered by learned District Judge, Hamirpur, in Civil Appeal No.19 of 1993.

2. “Key facts” necessary for the adjudication of this appeal are that the predecessor in interest of the plaintiff/appellant, Jai Nand, filed a suit for possession against the respondents/defendants (hereinafter referred to as the “defendants” for the sake of convenience). Jai Nand died during the pendency of the suit and his legal representatives, namely, Krishni Devi and Parveen Kumar, were brought on record. Krishni Devi also died during the pendency of the first appeal before the learned lower appellate court. According to the plaintiff, Jai Nand (since deceased), he was entered as owner comprising khata No.86 min, khatauni No.103 min, Khasra Nos.1867/1110, 1111, 1112 and 1502, situated in Tika Badehar, Tappa Mewa, Tehsil Bhoranj, District Hamirpur, as per jamabandi for the year 1981-82. Defendant No.1, Sarojni Devi, was married in Tika Kakar, which was at a distance of 3 kms from Badehar. The plaintiff fell ill during month of September 1986 and defendant No.1 started visiting him quite often and showed all concerns









































































































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