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2016 Supreme(HP) 1410

AJAY MOHAN GOEL
Luckey Kumar – Appellant
Versus
Rupa – Respondent


Advocates Appeared:
For the Appellants :Mr. Neel Kamal Sharma, Advocate.
For the Respondent:Mr. Ankush Dass Sood, Sr. Advocate, with Mr. Rakesh Kumar, Advocate.

JUDGMENT :

Ajay Mohan Goel, J.

By way of the present appeal, the appellants/plaintiffs have challenged the judgment passed by the Court of learned Presiding Officer/Additional District Judge, Fast Track Court, Hamirpur in Civil Appeal No. 104 of 1999/RBT No. 76/04, vide which learned appellate Court dismissed the appeal filed by the plaintiffs against the judgment and decree passed by the Court of learned Senior Sub Judge, Hamirpur in Civil Suit No. 381 of 1994 dated 18.09.1999, but also held that neither the plaintiff nor the defendants were able to prove their respective claims on record.

2. This appeal was admitted on the following substantial question of law on 28.11.2007:

“1. Whether the impugned judgments and decrees passed by the ld. 1st Appellate Court is sustainable in the eyes of law for mis-construing and mis-interpreting the Exhibits P-1 and P-2 which are the copies of the Jamabandis showing the predecessor-in-interests of the appellants as non-occupancy tenants over the land in dispute?

2. Whether both the Ld. Courts below have committed an error while considering Exhibits D-1 to D-5 keeping in view the fact that Exhibits D-1 to D-5 do not pertain to the land in dispute?

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