RAJIV SHARMA
Jagdish Chand – Appellant
Versus
Amar Singh – Respondent
Rajiv Sharma, Judge.
Since both the Regular Second Appeals are directed against the common judgment and decree dated 18.4.2002 rendered by the District Judge, Hamirpur in Civil Appeal Nos. 134/1993 and 151/1993, the same were taken up together and are being disposed of by a common judgment.
2. “Key facts” necessary for the adjudication of this appeal are that the legal heirs of plaintiff-respondent Jalha Ram (herein after referred to as ‘plaintiff’ for convenience sake) instituted a Civil Suit No. 68/1979 against the appellants-defendants and respondent No.4 Tikka Maheshwar Chand for permanent injunction and mandatory injunction in the representative capacity with the averments that the land entered in Khata No.1 min, Khatauni Nos. 7 and 8, Khasra Nos. 751/591 min, 617, 751/591 min measuring 14 kanals and Khata No.91, Khatauni No.111, Khasra Nos. 752/591 and 754/591 measuring 12 Kanals total area of both the khatas measuring 26 kanals, situated in Tikka Jhalan, Mauza Hathol, Tehsil and District Hamirpur, as per jambandi for the year 1970-71 is recorded in the ownership of the defendants and Bartandari rights of the plaintiff and other Tikadarans of the proprietary body of
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