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2016 Supreme(HP) 1727

DHARAM CHAND CHAUDHARY
Ishwar Dass – Appellant
Versus
Neem Dassi deceased through her LRs Shesh Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ankush Dass Sood, Senior Advocate with Ms. Shweta Joolka, Advocate.
For the Respondents: Mr. P.P. Chauhan, Mr. Virender Verma, Addl. A.G

JUDGMENT :

Dharam Chand Chaudhary, J.

Defendant Ishwar Dass is in second appeal before this Court, as learned lower appellate Court on reversal of judgment and decree dated 30th June, 2001, passed in Case No.09-01 of 1999-2001, has decreed the suit vide impugned judgment and decree dated 31st July, 2002 and held the Neem Dassi (since dead), the predecessor-in-interest of the respondents (hereinafter referred to as the plaintiffs) owner in possession of the suit land. As a consequence thereof, the defendant has also been restrained from causing any interference in the suit land.

2. It is seen that the subject matter of dispute is a parcel of land measuring 31-3 bighas entered in Khata Khatauni No.170/201, Kita 4, situate in revenue estate Phati Tawar, Kothi Kandi, Tehsil Nirmand, District Kullu. One Shri Luder Ram, husband of deceased plaintiff Neem Dassi, was owner of the suit land. She inherited the suit land on his death. On finding that the entries in revenue record qua possession of the suit land are in the name of her brother Rukam Ram (since dead). She made an application to Land Reforms Officer exercising the powers of Assistant Collector 1st Grade, Nirmand, registered as case










































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