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2022 Supreme(HP) 188

AJAY MOHAN GOEL
PADAM DEV S/O SHRI PARAS RAM (DECEASED) – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
Advocate Appeared:
For the Appellant : BHUVNESH SHARMA.
For the Respondents: DINESH THAKUR, SUMESH RAJ, SANJEEV SOOD, MANOJ BAGGA, BHUPENDER GUPTA, JANESH GUPTA, PRANJAL MUNJAL, JAGAN NATH.

JUDGMENT :

AJAY MOHAN GOEL, J.

1. Both these appeals are being disposed of by a common judgment as they arise out of the same judgment and decree dated 09.01.2009, passed by the Court of learned District Judge Solan, District Solan, H.P. in Civil Appeal No 35/S/13 of 1984/102-S/13 of 1986-84, titled as State of Himachal Pradesh through Collector Solan, District Solan, H.P. Versus Shri Brij Mohan and others.

2. Brief facts necessary for the adjudication of the present appeals are that a suit for declaration was filed by one Shri Brij Ballab Singh against Gram Panchayat, Dharampur and others, to the effect that he and defendants No. 2 and 3 were owners in possession of the land measuring 337 bighas 14 biswas to the extent of 1/3rd share, situated in village Dharampur (Badholi) and relief of permanent injunction for restraining defendants No. 4 to 6 from interfering with their possession upon the suit land was sought. According to the plaintiff, the grandfather of the plaintiff purchased about 37 bighas of land in Village Dharampur from one Mst. Jakhu alongwith her share in the Shamlat land in the month of June, 1911, vide registered sale deed for a consideration of Rs.700/-. A mutation

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