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2021 Supreme(HP) 228

SATYEN VAIDYA
Churago Devi (deceased) through her legal representatives Smt. Parvati Devi – Appellant
Versus
Ram Lal – Respondent


Advocates Appeared:
For the Appellants :Mr. G.D. Verma, Sr. Advocate with Mr. Romesh Verma, Advocate.
For the Respondent:Mr. Bhupender Gupta, Sr. Advocate with Mr. Janesh Gupta, Advocate.

JUDGMENT :

Satyen Vaidya, J.

Appellants have preferred Regular Second Appeal under Section 100 of the Code of Civil Procedure (for brevity “Code”) against judgment and decree dated 07.07.2001, passed by learned Additional District Judge, Solan in Civil Appeal No.41-S/13 of 1999 arising out of judgment and decree dated 28.9.1999 passed by learned Sub Judge, 1st Class, Arki in civil suit No. 122/1 of 1995.

2. Appellants in present appeal were defendants in civil suit No. 122/1 of 1995 and the predecessor in interest of respondent herein was plaintiff. For the sake of convenience and clarity the Parties hereafter shall be referred in the same manner as were before the trial court.

3. Plaintiff filed suit for permanent prohibitory injunction against the defendants seeking to permanently restrain them from interfering in the suit land. In alternative relief of possession qua the suit land was also sought. Suit land was described as land comprised in Khewat No.8/10, Khasra Nos.8, 24 min, 25 min and 47/30 measuring 21-8 bighas as per “Jamabandi” for the year 1989-1990.

4. The premise of the suit was that plaintiff had purchased land comprised in Khewat No.2/2, Khasra Nos.4, 8, 14, 24, 28 and 3

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