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2017 Supreme(HP) 823

SANDEEP SHARMA
Sushila Devi – Appellant
Versus
Ankur Dutt – Respondent


Advocates Appeared:
For the Appellant :Mr. Virender Singh Rathore, Advocate.
For the Respondents:Mr. Vijay Verma, Advocate.

JUDGMENT :

Sandeep Sharma, J.

1. Instant Regular Second Appeal filed under Section 100 CPC is directed against judgment and decree dated 27.12.2007 passed by the learned District Judge, Kangra at Dharamshala, Himachal Pradesh in Civil Appeal No. 159-G/XIII of 2005, affirming judgment and decree dated 26.10.2005 passed by the learned Civil Judge (Senior Division), Dehra, District Kangra, Himachal Pradesh, in Civil Suit No. 264/1999, whereby suit for perpetual prohibitory injunction and for possession having been filed by the respondents-plaintiffs (hereinafter, ‘plaintiffs’) came to be decreed.

2. Briefly stated facts as emerge from the record are that the plaintiffs filed a suit for perpetual prohibitory, mandatory injunction and also for possession of land comprised in Khata No. 42 Khatauni No. 80, Khasra No. 1036, measuring 62-65 square metre (hereinafter, ‘suit land’) situate in Mohal Jawalamukhi, Tehsil Dehra, District Kangra, Himachal Pradesh, averring therein that the suit land is owned and possessed by him and the land of the defendants comprised in Khasra No. 1023 is adjoining to the land of the suit land. Plaintiffs further averred in the plaint that he is having his house on












































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