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2021 Supreme(HP) 701

JYOTSNA REWAL DUA
Gurmeeto Wd/o Jagdish Chand – Appellant
Versus
Pritam Chand S/o Thunia – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Pramod Thakur.
For the Respondents: Ajay Sharma, Amit Jamwal.

ORDER :

1. Learned trial court dismissed the suit filed by the present petitioners as having abated. This judgment has been up-held by the learned first Appellate Court. Aggrieved, the plaintiffs have preferred instant petition under Article 227 of Constitution of India.

2. The parties hereinafter are referred to as they were before the learned trial court.

3. Facts:

    (i) The petitioners filed a civil suit on 31.1.2002 against the respondents/defendants for declaration to the effect that:

(a) Land measuring 4 kanal 12 marlas, bearing khewat No. 414, khatauni Nos. 541 and 542, khasra Nos. 1334, 1339 as entered in the jamabandi for the year 1992-93, situate in village Bathu, Sub Tehsil Haroli, Tehsil and District Una has been coming in possession of the plaintiffs as owners to the extent of 20/30 shares and as tenants to the extent of 10/30 shares.

(b) The plaintiffs have become owners of 10/30 shares by operation of H.P. Tenancy and Land Reforms Act.

(c) The revenue entries of suit land in the name of defendants in the revenue record more particularly, in the jamabandi for the year 1992-93 as ‘khud kasht’ are wrong, illegal, null, void, ineffective and have no bearing upon the rights, title

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