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2022 Supreme(HP) 181

TARLOK SINGH CHAUHAN
Masadi Son Of Sh. Puran Chand – Appellant
Versus
Krishani Devi, W/o Sh. Ram Dass – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sh. Ajay Sharma, Senior Advocate With Sh. Atharv Sharma, Advocate
For the Respondent:Sh. J.R. Poswal, Advocate

JUDGMENT :

Aggrieved by the judgments and decrees passed by both the learned Courts below, the plaintiffs-appellants have filed the instant regular second appeal.

2. The parties hereinafter shall be referred to as the ‘plaintiffs’ and ‘defendant’.

3. The defendant is the only daughter of Shri Masadi (plaintiff No.1) born from his first wife (late Smt. Devku).

4. The plaintiffs filed a suit for declaration to the effect that plaintiff is owner in possession of the land measuring 6-10 bighas out of the total land measuring 17-00 bighas comprised in Khewat No. 26, Khatauni No. 29, Khasra Nos. 9, 11, 18, 19,23, 25 and 64, situate in Village Nal, Pargana Fatehpur, Tehsil Shri Naina Devi Ji, District Bilaspur, H.P. (hereinafter to be referred as the suit land). The plaintiffs also prayed for a decree of permanent prohibitory injunction restraining the defendant from interfering into their peaceful ownership and possession.

5. The case of the plaintiffs is that plaintiff No.1 is an old man residing in a remote corner of the District with his old wife (plaintiff No.2). There was no one to look-after them and their estate. Smt. Devku first wife of plaintiff No.1 expired when defendant was a smal

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