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2019 Supreme(HP) 2008

TARLOK SINGH CHAUHAN
Rashida Begum – Appellant
Versus
Phulan alias Shakuran Begum – Respondent


Advocates Appeared:
For the Appellant :Mr. Bhupender Gupta, Senior Adv. with Ms. Poonam Gehlot, Advocate.
For the Respondent:Mr. G.D. Verma, Senior Advocate, with Mr. B.C. Verma, Advocate.

JUDGMENT :

Tarlok Singh Chauhan, J.

1. The defendant is the appellant who aggrieved by the judgment and decree of reversal as passed by learned first Appellate Court, has filed the instant appeal. The parties shall be referred to as the ‘plaintiffs’ and the ‘defendant’.

2. The brief facts of the case are that plaintiff No.1 Phulan alias Shakuran Begum and the defendant Rashida Begum were the daughters of plaintiff No.2 Karam Din, who was lessee of plot No.77-A comprised in Khasra No. 532 Khewat/Khatoni No. 18 min/381, situated in Sector 6-A Up-Muhal Main Market, Bilaspur. He constructed a house over this plot. Both the daughters were living in the same building. The dispute in the instant appeal relates to two rooms on the first floor of the building shown as ‘ABCD’ in red in the map appended with the suit in which the defendant had been living for the last about 28-30 years prior to filing of the suit. According to the plaintiff, the defendant was given these two rooms for her residence temporarily and thus her possession was permissive. Plaintiff No.2 applied to the Deputy Commissioner, Bilaspur as required under the rules for according permission to transfer the plot and the house

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