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2015 Supreme(HP) 954

RAJIV SHARMA
Atma Ram – Appellant
Versus
Surji – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.L.Chaudhary, Advocate.
For the Respondents:Mr. Vikrant Chandel, Advocate, for respondents No.3 & 4.
Mr. G.R.Palsra, Advocate, for respondent No. 14.

Judgment :

Justice Rajiv Sharma, J.

This regular second appeal is directed against the judgment and decree of the learned Additional District Judge (I), Mandi, H.P. dated 29.6.2013, passed in Civil Appeal No.93/12/11.

2. Key facts, necessary for the adjudication of this regular second appeal are that the respondents-plaintiffs (hereinafter referred to as the plaintiffs), have instituted a suit for declaration and injunction with a prayer for consequential relief for permanent prohibitory injunction against the appellants defendants(hereinafter referred to as the defendants). According to the plaintiffs, the proprietary rights were conferred on Masadi and Basantu during their life time and after their death the suit land was inherited by the legal representatives of Basantu having half share. The plaintiffs alongwith their brother Bhagat Ram and defendant No. 4 Smt. Thopali each had ¼ share in the half of the suit land. The defendant No. 4 sold her share and the LRs of Masadi also sold their share to other defendants recorded as owner-in-possession of the suit land in excess to their entitlement, thus, decreasing the share of the plaintiffs, without their knowledge. The plaintiffs hav















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