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2014 Supreme(HP) 1432

P.S.RANA
Bakshi Ram son of Achharu – Appellant
Versus
Mandro Devi widow of Karam Chand – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.D. Sood, Sr. Advocate with Mr. Mukul Sood, Advocate.
For the Respondent:Mr. K.S. Kanwar, Advocate.

JUDGMENT :

P.S. Rana, J.

Regular Second Appeal is filed under Section 100 of the Code of Civil Procedure by the appellant against the judgment and decree dated 22.2.2003 passed by learned Additional District Judge Hamirpur H.P. in Civil Appeal No. 26/95 (RBT) No. 133 of 2002 titled Bakshi Ram vs. Indri Devi and others and against the judgment and decree passed by learned Civil Judge Hamirpur in Civil Suit No. 96/89 titled Bakshi Ram vs. Indri Devi and others.

2. Brief facts of the case as pleaded are that Shri Bakshi Ram plaintiff filed a suit for declaration with consequential relief of injunction and in alternative relief of possession pleaded therein that plaintiff is tenant over 2/3rd share of land comprised in Khata No. 23 Khatauni No. 23 Khasra Nos. 13, 14, 15, 16, 20 and Khata No. 23 Khatauni No. 25 Khasra Nos. 5, 18 and 19 situated in Suphan Tappa Lohdar Tehsil Barsar District Hamirpur H.P. as per jamabandi for the year 1984-85. It is pleaded that land was under the tenancy of plaintiff Bakshi Ram since long time and deceased defendant Lachhman through his LRs has no concern with suit land. It is pleaded that deceased defendant Lachhman was very aggressive and quarrelsome pers

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