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2017 Supreme(HP) 631

SANDEEP SHARMA
Urmil Gupta – Appellant
Versus
Commissioner – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.G.D. Verma, Senior Advocate with Mr.B.C. Verma, Advocate.
For the Respondent:Mr.P.M. Negi and Mr.R.K. Sharma, Additional Advocate Generals.

JUDGMENT :

Sandeep Sharma, J.

This Regular Second Appeal filed under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 31.03.2005, passed by learned Additional District Judge, Sirmaur District at Nahan, in Civil Appeal No.22-N/13 of 2002, reversing the judgment and decree dated 11.03.2002 passed by learned Sub Judge Ist Class, Court No.1, Paonta Sahib, District Sirmuar, whereby suit of the plaintiff was decreed.

2. Briefly stated facts, as emerged from the record, are that on 20.12.1969, the plaintiff-appellant (hereinafter referred to as the ‘plaintiff’), came in possession of the land comprised in Khata Khatauni No.12/15 min, Khasra No.135/1 (now bearing Khata Khatauni No.486 min/609, Khasra No.594/437/269 min), measuring 1 bigha, situated in Devinagar Mohalla in Paonta Sahib Town, District Sirmaur, H.P. (hereinafter referred to as the suit land), which was owned and possessed by Thakur Dwara Dei Ji Sahiba Mandir (for short the ‘Temple’), on the strength of lease deed, created by ‘‘Mohatmim’ ’ of the Temple Shri Ramanuj for a period of 99 years. It is averred by the plaintiff that the rent was agreed @ Rs.100/- per annum payable every year



































































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