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2016 Supreme(HP) 852

SURESHWAR THAKUR
Om Prakash – Appellant
Versus
Rajpal Sankhyan – Respondent


Advocates Appeared:
For the Appellant :Mr. Neeraj Gupta, Advocate.
For the Respondents:Mr. G.D. Verma, Senior Advocate, Mr. B.C. Verma, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

1. The instant Regular Second Appeal arises from the impugned judgment and decree of the learned District Judge, Bilaspur, rendered in Civil Appeal No. 84 of 2005, whereby the latter while allowing the appeal of the defendants/respondents herein reversed the judgment and decree of the learned trial Court. Standing aggrieved from the judgment and decree of the learned District Judge, Bilaspur, the appellant-plaintiff herein has instituted the instant Regular Second Appeal before this Court whereby he assails the findings recorded therein.

2. Briefly stated the facts of the case are that the plaintiff filed a suit against the defendants seeking decree for permanent prohibitory injunction restraining the defendants from interfering in possession of the plaintiff in Khasra No.205 and also of part of khasra No.367/206 on which the plaintiff has constructed a boundary wall to protect his house from the water flowing from upper side and in alternative suit for possession. It was averred in the plaint that the plaintiff is the lessee in possession of plot NO.10, comprising of Khasra No.205. It has been averred that plot/land measuring 8526.28 sq. meters owned b























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