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2022 Supreme(HP) 320

SATYEN VAIDYA
Chandu Ram Son Of Shri Titu – Appellant
Versus
State Of Himachal Pradesh Through Chief Secretary To The Government Of Himachal Pradesh, Shimla – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. N.K. Thakur, Senior Advocate With Mr. Divya Raj Singh, Advocate.
For the Respondent:Mr. Kunal Thakur, Deputy Advocate General

JUDGMENT :

Appellant/plaintiff (for short ‘plaintiff’) filed Civil Suit No. 74 of 2003 before the learned Civil Judge (Senior Division), Chamba (for short ‘trial Court’) seeking following reliefs :-

    “1. Decree for declaration to this effect that change of ownership right in favour of defendants vide mutation No.1196 dated 28-10-94 and subsequent revenue entries regarding 1 and measuring 1.18 Bighas comprised in Khasra No.349 Kh/kh. No.286/337 situated in Mohal Sultanpur Parg, Sach Tehsil and District Chamba is wrong, illegal, null and void upon the rights of plaintiff.

2. In alternative Decree for possession of land comprising of Khasra No.349 but if on the basis of Wong mutation, entries, the plaintiff is dispossessed during pendency of suit and not found in possession, in such eventuality suit for possession of land measuring 118 Bighas comprised in Khasra No.349 Kh/kh. No.286/337 as recorded in the jamaband for the Year 1991-92 situated in Mohal Sultanpur Parg. Sach Tehsil and District Chamba-HP.

3. Any other relief to which the plaintiff may be found entitled under the law.”

2. Learned trial Court partly decreed the suit of the plaintiff and relief in the following terms was allowed

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