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2018 Supreme(HP) 1572

TARLOK SINGH CHAUHAN
Lalita Khanna – Appellant
Versus
Vinod Kumar Malik – Respondent


Advocates Appeared:
Ajay Kumar, Bhupinder Thakur, Dheeraj K. Vashisht, Diwan Singh Negi, Hamender Chandel, Sudhir Bhatnagar, Vinay Kuthiala, Vinod Thakur, Advocates for the appearing parties.

JUDGMENT

Tarlok Singh Chauhan, J —The plaintiffs are appellants, who aggrieved by the judgment and decree passed by the learned trial Court, whereby the suit for grant of declaration and consequential relief for possession, prohibitory injunction, mandatory injunction, recovery of damages/mesne profits etc. has been dismissed, have filed the instant appeal under Section 96 of the Code of Civil Procedure, 1908 read with Section 20 of the Himachal Pradesh Courts Act, 1976.

2. The parties to the lis are hereinafter referred in the same manner, in which they were referred to by the learned Court below.

3. It is not in dispute that the pleadings of the parties have been correctly enumerated in the impugned judgment and are, therefore, reproduced as such.

4. It was averred in the plaint that plaintiffs are coowners of the property known as Strawberry Hill, which is over the land entered at Khewat No. 13, Khatauni No. 14, Khasra Nos. 112/66/10, measuring 4 bighas 13 biswas, situate at Chotta Shimla, Tehsil and District, Shimla, H.P. (hereinafter referred to as the suit property) . The above suit property has been in exclusive use and occupation of the plaintiffs. In fact, plaintiffs previo

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