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2016 Supreme(HP) 2413

SANDEEP SHARMA
Brij Lal (since deceased) through his LRs Manohar Lal – Appellant
Versus
Shakti Chand – Respondent


Advocates Appeared:
For the Appellants :Mr. Ankush Dass Sood, Senior Advocate with Mr. Rakesh Kumar.
For the Respondents:Mr. G.D. Verma, Senior Advocate with Mr. Romesh Verma.

JUDGMENT :

Sandeep Sharma, J.

This appeal has been filed by the appellants-plaintiffs against the judgment and decree dated 24.03.2006, passed by learned District Judge, Hamirpur, District Hamirpur, H.P., reversing the judgment and decree dated 17.06.2004, passed by the learned Civil Judge (Junior Division)-1, 1st Class-I. Hamirpur, District Hamirpur, H.P., whereby the suit filed by late Smt.Geeta Devi, predecessor-in-interest of the appellants-plaintiffs, has been decreed.

2. The brief facts of the case are that late Smt.Geeta Devi, predecessor-in-interest of the appellants-plaintiffs (herein after referred to as the 'plaintiff’), filed a suit for declaration with consequential relief of permanent injunction against the respondent-defendant (hereinafter referred to as the 'defendant’) stating therein that she is owner in possession of the suit land comprised in Khata No.70, Khatauni No.87, Khasra Nos.535/414, 555/453, 454, 557/470, Kita 4 measuring 10 Kanal 11 Marlas, situated in Tika Ramehra, Tappa Mehlta, Tehsil Bhoranj, District Hamirpur, H.P. and land comprised in Khata No.49, Khatauni No.83, Khasra Nos.1064, 1068, Kita 2 area 13 Marlas to the extent of 1/7th share and Khata No.4

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