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2016 Supreme(HP) 2295

SANDEEP SHARMA
Mohan Singh – Appellant
Versus
Inder Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.N.K. Sood, Senior Advocate with Mr.Aman Sood, Advocate.
For Respondent:Mr.N.K. Thakur, Senior Advocate with Ms.Jamuna, Advocate.

JUDGMENT :

Sandeep Sharma,J.

This appeal has been filed by the appellant-plaintiff against the judgment and decree dated 27.12.2005, passed by the learned District Judge, Chamba, District Chamba, H.P., affirming the judgment and decree dated 30.11.2004, passed by the learned Civil Judge (Junior Division), Chamba, whereby the suit filed by the appellant-plaintiff has been dismissed.

2. The brief facts of the case are that the appellant-plaintiff (herein after referred to as the 'plaintiff’), filed a suit for declaration to the effect that the plaintiff alongwith proforma defendants are owners of the land comprised in Khasra No.263, situated in village Tissa Kaswati (hereinafter referred to as the 'suit land’) and the entry in the revenue record in favour of the defendants qua the suit land are wrong and illegal. Plaintiff further prayed that the defendants be restrained permanently from raising any construction over the suit land and in the alternative for possession of the suit land.

3. It is averred by the plaintiff that he is recorded owner in possession of the land comprised in Khasra Nos.264, 265 and 267, measuring 205 square yards and one square feet, which is adjoining to the sui

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