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2014 Supreme(HP) 1533

TARLOK SINGH CHAUHAN
Man Mohan Singh (deceased) through his LRs Smt. Asha Devi – Appellant
Versus
Gopi Chand (deceased) through his LRs Sh. Daneshwar Singh – Respondent


Advocates Appeared:
For the Appellants :Ms. Nisha Thakur, Advocate, vice Mr. Mohan Singh.
For the Respondents: Mr. Surinder Parkash Sharma.

JUDGMENT :

Tarlok Singh Chauhan, J.

The plaintiffs are the appellants and have come up in appeal against concurrent findings recorded against them by the learned Courts below.

2. The facts, in brief, are that the predecessor-in-interest of the appellants late Sh. Man Mohan Singh filed a suit for permanent injunction against the predecessors-in-interest of the respondents on the allegations that he had been owner in possession of the land described in Khata Khatauni No. 42 min/86, Khasra Nos. 983/491 measuring 0-3 bigha and 984/491 measuring 0-13 bighas situated in Mauza Dalan, Pargana Kepu, Tehsil Kumarsain, District Shimla( hereinafter referred to as the 'suit land’). The suit land was owned and possessed by the plaintiff and other co-sharers. However, in family partition, the suit land had fallen to the share of the plaintiff. The plaintiff had been utilizing the usufruct of the suit land. In 1970-71 Oddi-Bithal horticultural link road stood constructed through old Khasra No. 491. As a result of construction of the said link road, Khasra No. 491 (old) owned and possessed by the plaintiff and other co-sharers had been bifurcated into two parts. Khasra No. 983/491 measuring 0-3 bigha

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