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2018 Supreme(HP) 1818

SURESHWAR THAKUR
Devaku (deleted Vide Order Dated 31 08 2012) – Appellant
Versus
Ramesh Chand (since Deceased) Through His Legal Heirs – Respondent


Advocates Appeared:
K.D. Sood, Adv., Shubham Sood, Adv., Y.P. Sood, Adv., Ajay Sharma, Adv.

JUDGMENT

Sureshwar Thakur, J. - The plaintiffs'' suit for rendition of a declaratory decree, and, also for rendition of a decree for injunction, was partly decreed by the learned trial Court, whereby, mutation No.16 of 2.12.1982 was held to be wrong and illegal to the extent of it records plaintiffs No.3 and 4 as daughters of Shri Milkhi instead of Shri Meharu, and, plaintiffs along with defendant No.9 were declared to be joint owners in possession to the extent of 17/42 shares in Khata No.42 and 14/42 share in Khata No.62 along with defendants No.2 to 8, who were declared to be owners of 1/42 share in Khata No.42 and 1/42 share in Khata NO.62. Further sale deed of 6.8.1991 executed by defendant No.1 in favour of defendant No.2 was held to be wrong, illegal and not binding on the plaintiffs and defendant No.9 to the extent of it has transferred share in favour of defendants No.2 to 8 in excess of 1/42 share in each Khata. The aggrieved defendants, instituted an appeal therefrom before the learned first Appellate Court and the latter Court proceeded to allow the appeal and also dismissed the plaintiffs'' suit in its entirety. The plaintiffs'' being aggrieved therefrom, hence, preferr

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