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2021 Supreme(HP) 612

SATYEN VAIDYA
SUBHASH CHAND, SON OF LATE SH. RAKHA RAM – Appellant
Versus
SATYA DEVI, WIDOWOF LATE SH. BALBIR – Respondent


Advocates Appeared:
For The Appellant :SH. ROMESH VERMA, ADVOCATE
For The Respondent:SH. I.D. BALI, SR. ADVOCATE WITH MR. SUMIT SHARMA, ADVOCATE

ORDER :

By way of instant petition, petitioner has challenged order dated 14.11.2019 passed by learned Civil Judge, Court No. IV, Shimla, in case No. 72-1/2018, whereby an application of the petitioner for framing of additional issues was rejected.

2. Petitioner, who is plaintiff before the learned Trial Court, has filed above noted suit with following prayers: -

    (a) That the plaintiff may be declare owner of the land and built up structure there on as entered against khata khatauni No. 3/3 khasra No.78 and 75 situated at Mauza Gadog, Tehsil and District Shimla as per jamabandi for the year 1957-58.

(b) That a decree for possession may be passed pertaining to land and built up structure existing thereon.

(c) That the defendants being in unauthorized possession of the suit property may be held liable to pay use and occupation charges at the rate of Rs. 20,000/- per month from the date of filing suit till further orders and delivery of possession.

3. The petitioner has filed the suit on the premise that the suit land was owned by his father late Sh. Rakha Ram, who had died on 26.05.1959. During life time of Rakha Ram, suit land was recorded in his ownership and possession. However, during

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