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2014 Supreme(HP) 1718

RAJIV SHARMA
Thelu – Appellant
Versus
Lakhanu – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. N.K.Thakur, Sr. Advocate, with Mr. Ramesh Sharma, Advocate.
For the Respondents:Mr. Neel Kamal Sharma, Advocate.

JUDGMENT :

Rajiv Sharma, J.

This regular second appeal is directed against the judgment and decree passed by the learned Addl. District Judge, (Fast Track Court), Chamba, dated 30.11.2011, passed in Civil Appeal No. 18 of 2010.

2. Key facts, necessary for the adjudication of this regular second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff, for the convenience sake), has filed a suit for declaration, possession and permanent prohibitory injunction against the appellants-defendants as well as the proforma defendants (hereinafter referred to as the defendants for the convenience sake).

3. The plaintiff is deaf and dumb by birth. She was under the guardianship of Punnu Ram after the death of her father Bali Ram. Punu Ram after the death of Bali Ram was looking after her. He was maintaining her. The interest of the next friend was not adverse in any manner. The father of the plaintiff was owner-in-possession of the suit land, as detailed in the plaint. Sh. Bali Ram expired leaving behind plaintiff as sole legal heir, being daughter of the deceased. Gangu was real Uncle of the plaintiff, who in connivance with the revenue officials, got mutation No. 153

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