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2021 Supreme(HP) 819

SURESHWAR THAKUR
Bhagwan Dass – Appellant
Versus
Chaman Lal – Respondent


Advocates:
Advocate Appeared:
Mr. N.K. Thakur, Senior Advocate with Mr. Divya Raj Singh and Mr. Karanvir Singh, Mr. Pawan Gautam, Advocate

JUDGMENT :

SURESHWAR THAKUR, J.

The plaintiff instituted civil suit No. 232 of 1999, before the learned trial Judge. In the suit (supra), he claimed the making of the hereinafter extracted decrees:

    (A) Suit for possession by demolition of construction marked by letters A B C D, as shown in red colour in the site plan of the plaintiff being a part of the land measuring 0-03-46. Hence, comprised in Khewat No. 204 min, khatauni No. 511, min and khasra Nos 2554, as entered in the Jamabandi for the year 1996-97, situated in village Kathiari, Tehsil Amb, District Una (H.P.)

(B) Suit for issuance of permanent injunction restraining the defendants from raising any further construction taking further forcible possession and changing the nature of the land measuring 0-08-59 Hects, comprised in Khewat No. 204 min, khatauni No. 511 min and khasra No. 2531 and 2554, as entered in the Jamabandi for the year 1996-97, situate in village Kathiari, Tehsil Amb, District Una, under Sections 5 and 38 of the Specific Relief Act.”

2. The plaintiff also instituted another civil suit bearing No. 128 of 1999, before the learned trial judge, and in the afore suit, the plaintiff claimed the makings of the hereinaf

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