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2015 Supreme(HP) 617

RAJIV SHARMA
Bahadur – Appellant
Versus
Bratiya – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Anand Sharma, Advocate.
For the Respondents:Mr. C.P. Sood, Advocate.

Rajiv Sharma, J.

1. This Regular Second Appeal is directed against the judgment and decree dated 5.10.2002 rendered by the District Judge, Chamba Division, Chamba in Civil Appeal No. 29 of 2002.

2. “Key facts” necessary for the adjudication of this appeal are that the appellant-plaintiff (herein after referred to as ‘plaintiff’ for convenience sake) instituted a suit for declaration against the respondents-defendants (hereinafter referred to as the “defendants” for convenience sake) to the effect that father of plaintiff Rasalu was Gaddi, therefore, belonged to Scheduled Tribe community. The parties were governed by custom, according to which, the daughters do not inherit the property of their father and the attestation of mutation No.288 dated 19.2.1987 by the Assistant Collector 2nd Grade, Chamba in favour of the plaintiff and defendants in respect of the land comprising Kitas 16, Khata Khatauni No. 96/124 measuring 39 bighas and 17 biswas to the extent of 1/6th share and the land comprising Khasra Kitas 3, Khata Khatauni No. 97/125 measuring 10 bighas 18 biswas to the extent of 7/98th share and the land comprising Khasra Kitas-10 Khata Khatauni No. 98/126 measuring 12 bighas and


























































































































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