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2018 Supreme(HP) 1412

SURESHWAR THAKUR
Hukam Singh – Appellant
Versus
Khajan Singh – Respondent


Advocates Appeared:
Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate, for the Appellants; Rajiv Jiwan, Advocate, for the Respondents

JUDGMENT

Sureshwar Thakur, J. - The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiffs'' suit for rendition, of, a decree for permanent prohibitory injunction qua the suit khasra number(s), was, hence decreed.

2. Briefly stated the facts of the case are that a suit for permanent prohibitory injunction was filed by the plaintiffs against the defendants on the allegations that they are owners of the suit land comprised in Khasra No. 43, 53, 64, 70, 83, 87/3, 100, 104 and 209, measuring 16.13 bighas, situated in Village Dali, Pargana and Tehsil Sadar, District Bilaspur, H.P., along with their brother Hukam Singh (defendant No.1), who has been born to his father from another mother. As far as, defendants No.2 and 3 are concerned, they have got no right, title or interest in the suit land. In fact, after the death of their father, mutation with regard to his property bearing No. 211 was attested, in their names along with defendant No.1, as well as, other legal heirs, on 16.10.2003. The defendants, who are forceful persons have started giving open threats to cut the valuable trees from the suit land, besides c

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