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2021 Supreme(HP) 967

SURESHWAR THAKUR
Varinder Singh – Appellant
Versus
Rattono Devi – Respondent


Advocates Appeared:
For the Appellant : Mr. Onkar Jairath and Mr. Ashok Chaudhary.
For the Respondents:Sh. R.K. Sharma, Senior Advocate with Mr. Surender Thakur, Shri Pawan Gautam.

JUDGMENT :

The plaintiff instituted Civil Suit bearing No. 1067/95/91,before the learned Sub-Judge, 1st Class, Jawali, District Kangra, H.P. Therein they claimed that they are, alongwith performa defendant, one Lehri Ram, hence co-owners in the possession of the suit land. Since in the relevant column of the Jamabandi, for the year 1985-86, one of the defendants, one Lakshman, occurred as “gair marusi” over the suit land. The afore occurrence of one Lakshman, as “gair marusi”, upon the suit land, was in pursuance to an order made on 19.6.1985, by Naib-Tehsildar concerned. Therefore, the plaintiffs contended that the afore made reflection(s) in the relevant column of the apposite Jamabandi, of, Lakshman, as “gair marusi” upon suit khasra Nos, is, an invalid entry. Consequently, they prayed for the making a declaratory decree, for the quashing of the afore entry of Lakshman, in the revenue record, as “gair marusi” over the suit khasra Nos. The afore suit became dismissed, by the learned trial Judge, through its verdict, recorded on 11.01.2002. The dismissal of the plaintiffs’ suit, by the learned Sub-Judge concerned, was appealed by the aggrieved plaintiffs, before the learned first a

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