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2021 Supreme(HP) 927

SURESHWAR THAKUR
Daulat Ram (Since Deceased) Through His Legal Heirs – Appellant
Versus
Onkar Singh (Since Deceased) Through His Legal Heirs – Respondent


Advocates:
Advocate Appeared
For the Appellant :MR. R.K. GAUTAM, SENIOR ADVOCATE WITH MR. GAURAV GAUTAM, ADVOCATE
For the Respondent:MR. ANUP RATTAN, ADVOCATE

JUDGMENT :

1. The plaintiff instituted a Civil Suit bearing No. 523 of 1995 before the learned Civil Judge (Junior Division), Court No.II, Una, District Una, H.P. In the afore Civil suit, the plaintiff, claimed the hereinafter extracted decree against the defendants, and, vis-a-vis, the suit land:-

    “It is therefore prayed that a decree for permanent injunction restraining the defendants from interfering in any manner, changing the nature and character, usurping possession and cutting and removing the trees and ousting the plaintiff from land measuring 0-04-60 comprised in Khewat No.22 min, KhatauniNo.90 min, bearing Khasra Nos. 1208 (0-03-04), 1209 (0-01-56) as entered in Missal Hakiat Bandobast Jadid Sani for the year 1991-92 situated in Village Bharolian Khurd, Tehsil and District Una, and in the alternative a decree for possession of the suit land in case the defendants succeed in usurping possession forcibly during the pendency of the suit be passed with costs in favour of the plaintiff and against the defendants.”

2. The learned trial Court through its verdict made thereon on 23.2.2006 rather decreed the afore espoused relief(s).

3. The aggrieved defendants constituted there aga

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