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2016 Supreme(HP) 2303

AJAY MOHAN GOEL
Pratap Singh – Appellant
Versus
Shri Ram Rattan, son of Shri Lachhmi Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellants:Mr. Bhupender Gupta, Senior Advocate, with Mr. Janesh Gupta, Advocate.
For the Respondents:Mr. K.D. Sood, Sr. Advocate, with Mr. Rajnish K. Lal, Advocate, for respondents No. 1 to 3.

JUDGMENT :

Ajay Mohan Goel, J :

By way of this appeal, the appellants/plaintiffs have challenged judgment passed by the Court of learned District Judge, Solan, H.P. in Civil Appeal No. 60-S/13 of 2006 dated 01.06.2007 vide which, learned appellate Court has allowed the appeal filed by the present respondents/defendants against the judgment passed by the Court of learned Civil Judge (Senior Division), Kandaghat, District Solan, H.P. in Civil Suit No. 5-K/1 of 2002 dated 03.05.2006.

2. Brief facts necessary for the adjudication of the present case are that the appellants/plaintiffs (hereinafter referred to as =the plaintiffs') filed a suit for declaration and injunction against the defendants on the grounds that plaintiffs and proforma defendant No. 4 were co-owners in joint possession of half share in 8 plots of land measuring 13 bighas and 5 biswas, comprised in Khasra Nos. 15, 23, 55, 57, 73, 81, 95 and 109, Kitas 8, entered at Khewat No. 4, Khatoni No. 5, situated in village Mahog, Pargna Chail, Tehsil Kandaghat, District Solan, H.P. as per Jamabandi for the year 1996-97 alongwith the defendants. As per the plaintiffs, the suit land was in joint possession and ownership of Shri Dhin

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