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2015 Supreme(HP) 959

RAJIV SHARMA
Thakur Dass – Appellant
Versus
Uma Devi – Respondent


Advocates:
Advocate Appeared:
For the appellant :Mr. J.L. Bhardwaj, Advocate.
For the respondents:Mr. Sunil Mohan Goel, Advocate, for respondent No.1.
Mr. Debinder Ghosh, Advocate, for respondent No. 3.

Judgment :

Justice Rajiv Sharma, J.

This regular second appeal is directed against the judgment and decree of the learned Additional District Judge, Kullu, H.P. dated 5.6.2014, passed in Civil Appeal No. 6 of 2014 (2013).

2. Key facts, necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff), has instituted a suit for declaration and injunction against the respondents-defendants (hereinafter referred to as the defendants), stating therein that he is owner-in-possession of land measuring 162-47 hectares, being 160/1320 shares out of total land measuring 1340-39 hectares comprised of Kh. No. 999, 1232, 1233, 1234, 1235 and 1238 Khata and Khatoni No. 141/222, situated at Muhal Bhajogi Tehsil Manali, Distt. Kullu, H.P. (hereinafter referred to as the suit property. He raised a loan of rupees eight lacs in order to raise construction in the year 2004 from defendant No. 3 i.e. Bank of India. He also mortgaged the suit property in favour of defendant No. 3 in order to secure the loan. The plaintiff appointed his son, defendant No. 2 as General Power of Attorney to look after the construction work and to deal wi



















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