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2018 Supreme(HP) 14

SURESHWAR THAKUR
Bala Nand – Appellant
Versus
Shakuntla Devi – Respondent


Advocates Appeared:
For the Appellants :Mr. Ajay Kumar, Sr. Advocate with Mr. Dheeraj K. Vashishat, Advocate.
For the Respondent:Mr. Bhupender Gupta, Sr. Advocate with Ms. Rinki Kashmiri, Advocate.

JUDGMENT :

Sureshwar Thakur, J.

1. The plaintiff's suit, for, rendition of a decree for possession of the suit khasra number, was, dismissed by both the learned Courts below. Both the learned Courts below, accepted, the espousals of the defendant, of, hers becoming owner of the suit land by way of adverse possession. In sequel thereto, the plaintiff/appellant herein is driven to institute the instant appeal before this Court.

2. Briefly stated the facts of the case as set up by the plaintiffs are that Ram Rattan, the late husband of the defendant, had taken the suit land from the plaintiff and in exchange had agreed to give the plaintiffs, the land comprised in khasra Nos. 350, 360 and 363. But late Ram Rattan actually did not hand over the suit possession and always put off the matter on one pretext or the other. The defendant was lastly asked in the third week of March, 1999, to handover the possession of the land as per promise. But she also did not keep the promise. Now the plaintiff wants his own land back. Hence the suit.

3. The defendant contested the suit and filed written statement, wherein, it is averred that no such agreement of exchange of land was entered into between the


























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