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2012 Supreme(HP) 795

RAJIV SHARMA
KANKU – Appellant
Versus
KALIA RAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.D. KHIDTA,
For the Respondent:Sanjeev Kuthiala, Advocate

JUDGMENT :

RAJIV SHARMA, J.

1. This Regular Second Appeal is directed against the judgment and decree dated 31.3.2011 rendered by the learned Additional District Judge, Mandi in Civil Appeal No. 74 of 2007. Material facts necessary for the adjudication of this Regular Second Appeal are that appellant-plaintiff and the predecessor-in-interest of proforma respondents Sh. Saunu (hereinafter referred to as 'plaintiffs' for convenience sake) filed a suit for declaration with consequential relief of permanent prohibitory injunction. According to the facts narrated in the plaint, the land comprised in khewat No. 48, Khatauni Nos. 64, 65, 66 and 67 bearing khasra Nos. 98, 109, 110, 111, 113, 115, 116, 49, 51, 106, 107, 117, 100, 105, 108, 112, 114 and 50 kitas 18 measuring 30-12-11 bighas situated in village Dolgi, Illaqua Balh (hereinafter referred to as 'suit land-A') had been recorded in the ownership of the parties to the suit but in possession of the plaintiffs and the land comprised-in Khewat No. 57, khatauni Nos. 135, 136, 137, 138, 139, bearing Khasra Nos. 972, 837, 843, 957, 959, 966, 967, 968, 971, 974, 989, 836, 837/1, 842, 956, 970, 973, 976, 977, 978, 988, 990, 991, 835, 838, 84

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