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2015 Supreme(HP) 395

RAJIV SHARMA
Chobe Ram – Appellant
Versus
Chander Kala – Respondent


Advocates:
Advocate Appeared:
For the appellant(s):Mr. Jagan Nath, Advocate, vice Mr. Anand Sharma, Advocate.
For the respondent:Mr. T.S.Chauhan, Advocate, for respondent No. 1(d). None for respondents No. 1(a) to 1(c) & respondent No.2.

Rajiv Sharma, J.

1. This regular second appeal is directed against the judgment and decree of the learned District Judge, Kullu, H.P. dated 6.6.2003, passed in Civil Appeal No.09 of 2002.

2. Key facts, necessary for the adjudication of this regular second appeal are that the predecessor-in-interest of the plaintiffs, namely, Sh. Poshu Ram, has filed suit for possession of house shown in the site plan attached with the Plaint and for recovery of Rs. 500/- per month by way of mesne profit for the use and occupation of the house in suit and also for permanent prohibitory injunction. According to the plaintiffs, the land measuring 9 biswas comprising in khata khatauni No. 428 min/503 min, Kh. No. 555, situated in Phati Mohal, Kothi Khokhan, Tehsil and District Kullu, is recorded as Phati Abadi which was owned and possessed by the plaintiff as shown in the copy of jamabandi for the year 1993-94 and on the portion of this land a house of plaintiff measuring 27 x 14 Haath is also standing and that adjoining to the said land and house of the plaintiff abuts land comprising Kh. No. 551 and 552 which was also owned and possessed by the plaintiff over which the fruit bearing orchard of the plai





























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