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2016 Supreme(HP) 2236

RAJIV SHARMA
Gauri Singh – Appellant
Versus
Manghru – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Bhupender Gupta, Mr. Neeraj Gupta.
For the Respondent: Mr. Sanjeev Kuthiala.

JUDGMENT :

RAJIV SHARMA, J.

1. This Regular Second Appeal is directed against the judgment and decree dated 2.12.2006 rendered by the Presiding Officer, Fast Track Court, Mandi in Civil Appeal No. 11/2004 / 111/2005.

2. “Key facts” necessary for the adjudication of this appeal are that predecessor in interest of the appellants-plaintiffs (hereinafter referred to as the “plaintiff” for convenience sake) filed a suit against the respondents-defendants (hereinafter referred to as the “defendants” for convenience sake) for declaration and perpetual injunction. According to the averments made by the plaintiffs, the land comprised under Khewat No 8/7, khatauni No.12 under Khasra Nos. 182, 232, 248, 307, 344, 797 kitas 6 measuring 6-10-12 bighas situated in Mauja Murah/560, Illaqua Nira, Sub-Tehsil Walichowki, District Mandi is recorded in the ownership of plaintiff, defendants and in exclusive possession of plaintiff. The suit land was previously in the possession of plaintiff as tenant. In the year 1957, the suit land was purchased by the plaintiff from its previous owner Sh. Mahant Ram for a consideration of Rs. 450/- and to this effect mutation No. 170 dated 16.01.1957 has been sanctione

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