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2018 Supreme(HP) 1310

TARLOK SINGH CHAUHAN
Jagdish Chand – Appellant
Versus
Piar Singh – Respondent


Advocates Appeared:
Tarun K. Sharma, Vikrant Chandel, Advocates for the appearing parties.

JUDGMENT

Tarlok Singh Chauhan, J —The appellant is the plaintiff, who having lost before both the learned Courts below, has filed the instant appeal by invoking the provisions of Section 100 of the Code of Civil Procedure, before this Court.

    The parties shall be referred to as the ''plaintiff'' and ''defendants''.

    2. Brief facts giving rise to file the present appeal are that the plaintiff filed a suit for declaration to the effect that he alongwtih proforma defendant No.3 is owner in possession in equal share of the land comprised in Khata No.1, Khatauni No.1, Khasra Nos. 373, 439, 440, 491, 492, 496, 520, 521/1, 524, 540, 548, 549, 612, 608, 627, 645/1, 653, 678, 700, 702, 842, 849, kita 22, area measuring 45 Kanals 13 Marlas, situated in Tikka Bailag, Tappa Mewa, Tehsil Bhoranj, District Hamirpur, H.P. (hereinafter referred to as the suit land) as the heir of deceased Munshi Ram and the alleged Will dated 9.3.2010 and the mutation No.600 dated 24.7.2010 on the basis of said Will was illegal, null and void and not binding upon the plaintiff and proforma defendant No.3 as the property was ancestral qua the deceased Munshi Ram, plaintiff and proforma defendant No.3, therefore, decea

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