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2016 Supreme(HP) 2340

AJAY MOHAN GOEL
Jamuna Devi – Appellant
Versus
Arjun – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Aman Sood.
For the Respondents: Mr. Nimish Gupta.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. By way of this appeal, the appellant/plaintiff has challenged the judgment and decree passed by the Court of learned District Judge, Chamba, in Civil Appeal No. 40/04, dated 26.11.2007, vide which, learned Appellate Court, while dismissing the appeal so filed by present appellant upheld the judgment and decree passed by the Court of learned Civil Judge (Jr. Divn.), Chamba, District Chamba, in Civil Suit No. 97/2001, dated 26.02.2004.

2. Brief facts necessary for the adjudication of this case are that appellant/plaintiff (hereinafter referred to as “plaintiff”) filed a suit for declaration to the effect that mutation No. 717, dated 31.07.1996 and subsequent revenue entries entered on the basis of aforesaid mutation regarding property comprised in Khasra Nos. 442, 443, measuring 0-2-14 bighas, Khata Khatauni No. 136 min/173, 174, situated in Mohal Bharmour, Pargana and Tehsil Bharmour, District Chamba, H.P. (hereinafter referred to as “suit land”) were illegal, null and void and inoperative upon the rights of the plaintiff and also suit for restraining the respondents/defendants (hereinafter referred to as defendants) from interfering, dismantling or ch

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