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2015 Supreme(HP) 88

DHARAM CHAND CHAUDHARY
Joginder Singh – Appellant
Versus
Suresh Kumar – Respondent


Advocates:
Advocate Appeared:
For the appellants:Mr. Bhupender Gupta, Senior Advocate Ms. Charu Gupta, Advocate.
For the respondents:Mr. G. D. Verma, Senior Advocate with Mr. B.C. Verma, Advocate for respondents No. 1(a) to 1(f).

JUDGMENT :

Dharam Chand Chaudhary, J.

Plaintiffs are in second appeal before this Court. They are aggrieved by the judgment and decree passed by learned Additional District Judge, Kangra at Dharamshala in Civil Appeal No.70-K/03 on 2.12.2003, whereby he reversed the judgment and decree passed by learned Sub-Judge 1st Class, Kangra, District Kangra in Civil Suit No.144/99 and dismissed the suit.

2. The subject matter of dispute in the present lis is a parcel of land measuring 0-07-96 hectares comprised under Khata No.26, Khatauni No.34 and Khasra No.187, 190, to the extent of 15/24 shares, situate in Mohal Pehgan, Mauza Sahoura, Tehsil and District Kangra as per entries in the Jamabandi for the year 1997-98 Ex.P-1/D-1.

3. The common ancestor of the parties to the suit was Sunka. Satya Devi Proforma respondent No.2 herein (plaintiff No.1 in the trial Court) is widow of one Rasila son of said Shri Sunka whereas deceased plaintiffs Likhu Ram and Tulsi Ram, predecessor-in-interest of appellants No.1 to 4 and 6 (a) to 6(e) were also sons of said Shri Sunka. Similarly, deceased defendant Dhani Ram, the predecessor-in-interest of respondents 1(a) to 1(f) was also son of said Shri Sunka. As p
































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