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2018 Supreme(HP) 1811

TARLOK SINGH CHAUHAN
Sukha Devi – Appellant
Versus
Paritosh Chauhan – Respondent


Advocates Appeared:
Suneet Goel, Adv., Jyotsna Rewal Dua, Adv., Tijender Singh, Adv.

JUDGMENT

Tarlok Singh Chauhan, J. - The instant appeal has chequered history.

2. The plaintiff is the appellant, who after having lost before both the learned Courts below has filed the instant Regular Second Appeal.

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

    3. The plaintiff filed a suit for declaration and permanent prohibitory injunction against the defendant before the learned Civil Judge (Jr. Division), Sirmaur District at Nahan vide Civil Suit No. 37/1 of 2014 with averments that she is the owner in possession of suit property comprised in Khewat Khatauni No. 74/109, Khasra No. 2141/216, measuring 7.65 sq.mtrs. Khasra No. 218 measuring 91.14 sq.mtrs., khasra No. 2145/221 measuring 6.46 sq.mtrs. total measuring 105.25 sq.mtrs situated at Mohal Naya Bazar, Nahan, District Sirmaur and the plaintiff has built up her residential house over the suit property. It was claimed that adjacent to the suit property, the defendant is having his landed property comprised in khasra No. 2142/216 measuring 161.43 sq.mtrs. and khasra No. 217 measuring 80.40 sq.mtrs total measuring 241.83 sq.mtrs situated at Naya Bazar, Nahan. The house of the plaintiff is situat

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