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2010 Supreme(HP) 1145

V.K.SHARMA
Om Parkash Chaudhary – Appellant
Versus
Himachal Pradesh Wakf Board – Respondent


JUDGMENT :

V.K. SHARMA, J.

1. The present regular first appeal is directed against the judgment and decree dated 10.11.1999 passed by the learned District Judge, Kangra at Dharamshala in Civil Suit No. 1-P/I/1996, titled Shri Om Parkash Chaudhary v. Punjab Wakf Board and Ors., whereby the suit for declaration with permanent prohibitory injunction and in the alternative for possession filed by the Appellant as Plaintiff against the Respondents being Defendants has been dismissed.

2. The facts pleaded by the parties can be stated thus:

    The dispute between the parties concerns a shop located in the land bearing Khata/Khatauni No. 251 min/698, Khasra Nos. 919 and 920, plots two, measuring 38-32 square meters as per Jamabandi for the year 1989-90 of Mahal Palampur Khas, Tehsil Palampur, District Kangra, H.P., which is shown as owned by Defendant No. 1. In the column of possession, the names of Defendant No. 2 and one Pawan Kumar, son of Shri Krishan Dev find mention. Both of them were understood to be carrying some joint business in the suit premises. However, they apparently fell out with each other, whereafter the latter left the shop and Defendant No. 2 remained the sole allottee/lessee

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