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2011 Supreme(HP) 2564

KULDIP SINGH
Jagdish Ram – Appellant
Versus
Hari Ram – Respondent


Advocate Appeared:
For the Appellant :T.S. Chauhan, Advocate
For the Respondent:K.D. Sood and Balwant Singh, Advocates

JUDGMENT :

Kuldip Singh, J.

The defendant No.7 has come in appeal against judgment, decree dated 24.11.2000 passed by learned District Judge, Bilaspur in Civil Appeal No. 9 of 1991 modifying judgment, decree dated 18.12.1990 passed by learned Senior Sub Judge, Bilaspur Camp at Ghumarwin in Civil Suit No. 15-1 of 1990/87. The names of respondents No. 2 to 13 were deleted vide order dated 11.4.2002 subject to all just exceptions. The parties in this judgment are referred as plaintiff and defendants.

2. The pleaded case of the plaintiff is that he is in adverse possession of land measuring 1 bigha 2 biswas comprised in Khasra No. 5 and 1 bigha in khasra No. 4 village Jajjar, Tehsil Ghumarwin. The defendants are threatening to forcibly dispossess the plaintiff from the suit land and, therefore, plaintiff filed the suit for declaration and permanent prohibitory injunction restraining the defendants from interfering over the suit land, in alternative the suit for possession.

3. The suit was contested by defendant No.7, he took preliminary objections of maintainability, valuation, estoppel, locus-standi and cause of action. He has pleaded sale in his favour by defendants No. 1 to 4 and thus o

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