JUDGMENT :

CMP No. 63 of 2006

By way of instant application filed under Order XLI, rule 27 CPC, appellant has sought to place on record copy of mutation No. 6309, dated 21.2.2001 (Annexure A-1) and copy of Jamabandi for the years 2000-2001 (Annexure A-2). Appearing respondents have filed reply to the application, opposing the prayer made on behalf of the appellant(s).

2. From the pleadings of the parties, this court finds that the document sought to be placed on record are germane to the decision of the instant Regular Second Appeal as such, same are ordered to be taken on record. Application stands accordingly disposed of.

RSA No. 8 of 2006

3. By way of instant Regular Second Appeal filed under S.100 CPC, challenge has been laid to judgment and decree dated 29.12.2005 passed by learned District Judge, Kullu, District Kullu, Himachal Pradesh in Civil Appeal No. 81/2005, whereby judgment and decree dated 12.8.2005 passed by learned Civil Judge (Senior Division), Lahul & Spiti at Kullu, Himachal Pradesh in Civil Suit No. 71/2002, has been partly modified.

4. Precisely, the facts of the case, as emerge from the record, are that respondents Nos. 1 to 5-plaintiffs (hereinafter, ‘plaintiffs’),