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2014 Supreme(HP) 1854

RAJIV SHARMA, SURESHWAR THAKUR
Krishan Chand – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Dushyant Dadwal, Advocate.
For the Respondents:Mr. Anup Rattan, Mr. Ramesh Thakur, Ms. Chetna, Advocate

JUDGMENT :

Sureshwar Thakur, J.

Respondent No.3 submitted an application comprised in Annexure P-I before the Consolidation Officer, Hamirpur, averring therein that land comprised in Khasra No. 2121 is recorded in the joint ownership of his mother Fulan and in the name of the father of respondent No.4, as divulged by Jamabandi for the years 1954-55, which pertains to the pre-consolidation year.

He continued to aver therein that during the course of consolidation operations as were carried out in the Ilaqua/Mauja where the suit land is situated, the mother of respondent No.3 was allotted land to the extent of 4 kanals and one 1 marla towards the western side of the field. However, while preparing map and carving out Tatima the respondent No.3 and his mother have been untenably depicted to have been given land towards Eastern side wherefrom new Khasra Nos. 862 and 863 have been carved out. On his application, the staff of the consolidation department visited the site of the Khasra Numbers and recorded the statements of respondents No. 4 and 5, the father and brother of the petitioner. On strength of the statements of the father and brother of the petitioner, who are respondents No. 4 an

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