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2014 Supreme(HP) 1309

TARLOK SINGH CHAUHAN
Rose Bobi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellants :V.D. Khidtta, Advocate.
For the Respondents:V.K. Verma, Meenakshi Sharma, Addl. Advocate Generals with Tarun Pathak and Parul Negi, Deputy Advocate Generals.

JUDGMENT :

Tarlok Singh Chauhan, J.

This Regular Second Appeal has been preferred by plaintiff/appellant against judgment, decree dated 27.2.2002 passed by learned District Judge, Shimla in Civil Appeal No.102-S/13 of 1999, whereby he reversed the judgment, decree dated 18.8.1999 passed by learned Sub Judge 1st Class, Court No.2, Rohru in Civil Suit No.92-1 of 1995.

2. The plaintiff (hereinafter referred to appellant) filed a suit for declaration to the effect that the plaintiff was absolute owner of the land comprised in khata khatauni No.34 min/326 min, khasra Nos.869/1, 868, 860/1 hall, sabik number 528/1, measuring 6 bigha 9 biswa, situate in Chak Melthi, Tehsil Rohru, Distt Shimla (hereinafter referred to suit land), since it had been sanctioned as nautor in favour of his father vide order dated 20.4.1970, file No.57/66 of the Revenue Assistant, Mahasu which order in turn has been affirmed by Deputy Commissioner, Mahasu vide appeal No.57/8 of 70-71 dated 28.4.1971. The defendants (hereinafter referred to as respondents) have no right, title and interest to dispossess the plaintiff/appellant from the suit land, since the nautor granted to the plaintiff/appellant has neither been c




































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