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2021 Supreme(HP) 823

SANDEEP SHARMA
SURENDER PAL SON OF SH. DINA NATH – Appellant
Versus
NIKKA RAM – Respondent


Advocate Appeared:
For the Appellant :SH. B.P.SHARMA, SENIOR ADVOCATE WITH MR. ARUN KUMAR, ADVOCATES
For the Respondent:ASHOK KUMAR ADVOCATE

JUDGMENT :

Instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, lays challenge to judgment and decree dated 14.06.2005, passed by learned Additional District Judge, Ghumarwin, District Bilaspur, Himachal Pradesh in Civil Appeal No.285/13 of 2004/ 1999, affirming the judgment and decree dated 17.8.1999, passed by learned Sub Judge, 1st Class, Ghumarwin, District Bilaspur, H.P. in case No.201/1 of 1991, titled as Surender Pal etc. versus Nikka Ram etc., whereby suit for declaration and possession having been filed by the appellants (hereinafter referred to as the plaintiffs), came to be dismissed.

2. Precisely, the facts of the case as emerge from the record are that plaintiffs filed suit for declaration against the respondents (hereinafter referred to as the defendants), averring therein that the plaintiffs are the sons of defendant No.2 and they being Hindus constituted a Joint Hindu Family. Plaintiffs claimed that plaintiff and defendant No.2 are governed by Hindu law in matters of alienation of their ancestral joint Hindu family property. Plaintiffs claimed that suit land measuring 3 biswas, which is 1/120th share of land measuring 18-10 bighas bear

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