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2018 Supreme(HP) 630

CHANDER BHUSAN BAROWALIA
Prem Chand – Appellant
Versus
Chuni Lal (Deceased) through his LRs Suresh Kumar – Respondent


Advocates Appeared:
For the Appellant :Mr. Bhuvnesh Sharma, Advocate
For the Respondents:Mr. Suneet Goel and Mr. Rohit Chauhan, Advocates

JUDGMENT :

Chander Bhusan Barowalia, J.

By way of the present appeal, the appellant has challenged the judgment passed by the Court of learned District Judge, Hamirpur, in Civil Appeal No.70 of 2004, dated 11.5.2005, vide which, the learned lower Appellate Court, has affirmed the judgment and decree passed by the learned Civil Judge (Senior Division), Hamirpur, in Civil Suit No.18 of 1998, dated 15.5.2004.

2. Material facts necessary for adjudication of this Regular Second Appeal are that plaintiff/appellant (hereinafter referred to as the ‘plaintiff’) maintained a suit for Permanent Prohibitory Injunction against the defendants/respondents (hereinafter referred to as ‘defendants’) alleging that he is co-owner-in-possession, as co-sharer of the suit land comprised in Khata No.57 min, Khatauni No.140, Khasra No.553, measuring 4 kanals 9 marlas, situated in Tika Jakhyol, Mauza Mehalta, Tehsil Bhoranj, District Hamirpur. There is a road on the suit land, but defendants have no right, title or interest therein and are stranger to the suit land. Defendants started interfering in the suit land by digging the same adjoining to their own and possessed land for raising construction of a house.























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