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2016 Supreme(HP) 184

RAJIV SHARMA
Bhag Mal – Appellant
Versus
Ram Krishan – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Ajay Sharma for appellant in RSA No. 1 of 2008. Mr. Ashok Kumar Sood, Advocate, for appellant in RSA No. 41 of 2008.
For the Respondents:Mr. Ashok Kumar Sood, Advocate for respondent in RSA No. 1 of 2008. Mr. Ajay Sharma, Advocate, for respondent in RSA No. 41 of 2008.

JUDGMENT :

Rajiv Sharma, J.

Since common questions of law and facts are involved in these appeals, the same were taken up together for hearing and are being disposed of by a common judgment to avoid repetition of evidence.

2. These regular second appeals are directed against the common judgment and decree of the learned Addl. District Judge (FTC), Shimla, H.P. dated 19.11.2007, passed in Civil Appeal No. 102-S/13 of 04/2000 titled as Bhag Mal vs. Ram Krishan and Civil Appeal No. 101-S/13 of 04/2000, titled as Ram Krishan vs. Bhag Mal.

2. Key facts, necessary for the adjudication of these regular second appeals are that the appellant-plaintiff in RSA No. 1 of 2008 has filed a suit against the respondent-defendant (hereinafter referred to as the defendant) in respect of land comprised in Kh. No. 1032/927/187, measuring 4 biswas and one storeyed house standing thereon, situated at village Chamiyana (Neri- Dhar), Shimla, H.P. (hereinafter referred to as the suit land) for declaration as well as permanent prohibitory injunction. According to the plaintiff, he is a blacksmith (Lohar) by caste and it comes under the definition of Scheduled Caste. The plaintiff had come to Shimla in the year 1




































































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