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2016 Supreme(HP) 1151

CHANDER BHUSAN BAROWALIA
Kewal Krishan – Appellant
Versus
Amrit Lal – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ms. Bhavana Dutta
For the Respondent: Mr. H.K. Bhardwaj

JUDGMENT :

Chander Bhusan Barowalia, J.

The present regular second appeal is maintained by the appellants/defendants (hereinafter called as “the defendants”) against the respondent/plaintiff (hereinafter called as “the plaintiff”) assailing the judgment and decree dated 25.11.2010, passed by learned Additional District Judge, Una, District Una, H.P. in Civil Appeal No. 67 of 2007, whereby the judgment and decree passed by learned Civil Judge (Senior Division) Una, District Una, H.P. in Case No. 241 of 2000, dated 01.10.2007, was upheld by the learned Additional District Judge, Una.

2. Briefly stating the facts giving rise to the present appeal are that the plaintiff maintained a suit against the defendants wherein it is pleaded that the suit land is jointly owned and possessed by the parties alongwith others and a passage denoted by letters ABCD shown with red ink in the spot map, annexed with the plaint, passes through Khasras No. 3188 and 3186, which is part of the suit land. A drain marked with letters DEFG also shown in red ink in the spot map, annexed with the plaint, passes through the land bearing Khasras No. 3188 and 3186, which is also part of the suit land. As per the plaint





























































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