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2016 Supreme(HP) 1020

RAJIV SHARMA
Bala Ram – Appellant
Versus
Murli Chand – Respondent


Advocates Appeared:
For the Appellant :Mr. K. D. Sood, Senior Advocate with Ms. Ranjana Chauhan, Advocate.
For the Respondents:Mr. Anand Sharma, Advocate

JUDGMENT :

Per Rajiv Sharma, J.

This appeal is instituted against the judgment, dated 21.8.2015, rendered by learned District Judge, Kullu, in Civil Appeal No. 42/2014.

2. The key facts necessary for the adjudication of the appeal are that the respondents/plaintiffs (hereinafter referred to as the “plaintiffs” for convenience sake) filed a suit for declaration with consequential relief of injunction and possession against appellant/defendant (hereinafter referred to as the “defendant” for convenience sake). Jog Raj was added as proforma defendant. According to the averments made in the plaint, one Daitu had two sons, namely, Tehlu and Dodu. Tehlu expired and his property was inherited by his son, Repu. Dodu also expired and his property was inherited by his son, Bholu. After the death of Bholu, his property was also inherited by his daughter, Nanji. Property of Repu was also inherited by plaintiffs. Nanji was owner in possession of land measuring 0-05-64 hectares, comprised in Khasra No.432, Khata Khatauni No.171/283, situated in Phati Hallan-I, Kothi Naggar, Tehsil and District Kullu, H.P. as per jamabandi for the year 2003-04. Nanji was deaf and dumb. She used to reside with the pla




























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