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2017 Supreme(HP) 723

CHANDER BHUSAN BAROWALIA
Kamla Devi (Deceased) through her LRs. – Appellant
Versus
Sheela Devi – Respondent


Advocates Appeared:
For the Appellants : Mr. K.D. Sood with Mr. Rajnish K. Lal.
For the Respondent: Mr. O.C. Sharma.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. By way of the present appeal, the appellants have challenged the judgment and decree passed by the Court of learned Additional District Judge, (Presiding Officer, Fast Track Court, Solan, District Solan, (H.P.), in Case No. 14-FT/13 of 2005/2004, dated 2.12.2005, affirming the judgment and decree passed by the learned Civil Judge (Junior Division), Solan, District Solan, (H.P.) in Civil Suit No. 28/1 of 2004/97, dated 30.6.2004.

2. Material facts necessary for adjudication of this Regular Second Appeal are that respondents/plaintiffs (hereinafter referred to as ‘plaintiffs’) maintained a suit for declaration against the original defendants/appellants (hereinafter referred to as ‘defendants’) alleging that suit land comprised in Khata/Khatauni No. 10/14, kitas 10, measuring 39-18 bighas to the extent of 1/8th share, situated in Mauza Annu, Tehsil and District Solan, (H.P.) (hereinafter referred to as the ‘suit land’) was owned and possessed by Gullu Ram son of Sant Ram, who was husband of plaintiff, namely, Sheela Devi. They have claimed that Gullu Ram, died on 10.11.1996, leaving behind the plaintiffs, as his heirs and successors. Therefore,

























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