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2017 Supreme(HP) 883

CHANDER BHUSAN BAROWALIA
Budhu – Appellant
Versus
Lal Man – Respondent


Advocates Appeared:
For the Appellant :Mr. G.R. Palsra, Advocate.
For the Respondent:Mr. Bhupinder Gupta, Sr. Advocate with Mr. Janesh Gupta and Ms. Rinki Kashmiri, Advocates.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present regular second appeal has been maintained by the appellant/plaintiff (hereinafter referred to as “the plaintiff”), laying challenge to the judgment and decree, dated 02.07.2005, passed by the learned District Judge, Mandi, District Mandi, H.P., in Civil Appeal No. 116 of 2003, whereby the appeal filed by the respondents/defendants (hereinafter referred to as “the defendants”) against the judgment and decree, dated 31.10.2003, passed by the learned Civil Judge (Junior Division), Chachiot at Gohar, District Mandi, H.P., in Civil Suit No. 33 of 2002, decreeing the suit filed by the plaintiff, was allowed.

2. The key facts of the case can tersely be summarized as under:

The plaintiff by maintaining a suit for permanent prohibitory and mandatory injunction averred that he is exclusive owner-in-possession of the land comprised in Khewat Khatauni No. 122 min/146, Khasra No. 1384, measuring 0-1-8 bighas, situated in Mauja Chachiot/54, Tehsil Chachiot, District Mandi, H.P. (hereinafter referred to as “the suit land”). As per the revenue record, there was an entry qua existence of a gaimumkin house on the suit land, but the same had fallen and
























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