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2018 Supreme(HP) 1604

SURESHWAR THAKUR
Liaq Ram – Appellant
Versus
Kamla Devi – Respondent


Advocates Appeared:
B.C Verma, B.R Verma, G.D Verma, Advocates for the appearing parties.

JUDGMENT

Sureshwar Thakur, J —The plaintiffs'' suit for rendition of a decree, for declaration besides for rendition of a decree, for permanent prohibitory injunction, stood dismissed by the learned trial Court. In an appeal carried therefrom, before the learned First Appellate Court, by the plaintiffs, the latter Court allowed their appeal besides obviously reversed the trial Court''s judgment and decree of dismissal of the plaintiff''s suit.

2. Briefly stated the facts of the case are that the plaintiffs'' filed a suit for grant of relief of declaration to the effect that the land comprised in Khata No.8, Khatauni No.41, Khasra No.469/183, measuring 0-13 bighas, situated in revenue estate Majjat, Tehsil and District Shimla has been wrongly and illegally mutated in the ownership and possession of the defendants, vide mutation No.1181 and 1182 of 4.9.1995, because the entries of gair marussi has been recorded in favour of predecessor-in-interest of the plaintiff and the said entries not binding on the rights of the plaintiffs. Further relief of permanent prohibitory injunction has been sought, restraining the defendants from interfering in the possession of the plaintiff over the su

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