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2014 Supreme(HP) 765

RAJIV SHARMA
Bakshi Ram – Appellant
Versus
Premi Devi – Respondent


Advocates:
Advocate Appeared
For the Appellants :Mr. K.D. Sood, Senior Advocate with Mr. Rajnish K. Lal, Advocate.
For the Respondents:Mr. Ajay Sharma, Advocate.

JUDGMENT

Justice Rajiv Sharma, Judge.

This Regular Second Appeal is directed against the judgment and decree dated 22.11.2007 passed by the Additional District Judge, Fast Track Court, Hamirpur in Civil Appeal No.24 of 2003/RBT No.324 of 2004. 2. “Key facts” necessary for the adjudication of this Regular Second Appeal are that respondents-plaintiffs (hereinafter referred to as the “plaintiffs” for convenience sake) have filed a suit against the appellants-defendants (hereinafter referred to as the “defendants” for convenience sake). According to the plaintiffs, suit land was allotted to Sh. Achhroo son of Sh. Kharkoo by the Collector, Hamirpur on 27.6.1976. He remained in possession of the same. Achhroo had three legal heirs, namely, Bakshi Ram, Suhri Devi and Johgal Ram. Johgal Ram died on 15.4.1995 leaving behind plaintiffs as his legal heirs. Achhroo Ram died intestate on 8.11.1982. After his death, defendant Nos. 1 and 6- Bakshi Ram and Suhri Devi; and Johgal succeeded to his estate. After the death of Johgal Ram, plaintiffs were coming in possession of the suit land as joint owners alongwith defendant Nos. 1 and 6 to the extent of 1/3rd share. Defendant Nos. 1 to 5 in collusion


























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