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2014 Supreme(HP) 172

DHARAM CHAND CHAUDHARY
Balak Ram Thakur – Appellant
Versus
Devinder Singh Chandel – Respondent


Advocates Appeared:
For the Appellant:Mr. G.D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate.
For the respondent:Mr. Virender Singh Chauhan, Advocate.

JUDGMENT

Dharam Chand Chaudhary, Judge.

This appeal is directed against the judgment and decree passed on 08.06.2001 by learned District Judge, Shimla in Civil Appeal No. 157-S/13 of 1998, dismissing thereby the appeal and affirming the judgment and decree passed by learned Subordinate Judge 1st Class, Court No.1, Shimla in Civil Suit No. 64/1 of 96/90.

2. The appeal has been admitted on the following substantial questions of law:

3) Whether the findings recorded by ld. District Judge are self contradictory and contrary to the mandate, as contained in High Court Rules and orders in connection with the settlement of boundary dispute and regarding demarcation of the land by Revenue Officer in the Rank of A.C. II Grade.

4) Whether the principle of estoppel has wrongly been invoked by both the courts below and appellant having based upon his case on the basis of title can claim removal of encroachment from his land.

3. The appellant (hereinafter referred to as the ‘plaintiff’) and respondent (hereinafter referred to as the ‘defendant’) are neighbours. Plaintiff claims himself to be the owner in possession of land bearing 272/228/256 below H.P. Secretariat, Shimla (east). The defendant





























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