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2021 Supreme(HP) 972

TARLOK SINGH CHAUHAN
Pankaj Sharma – Appellant
Versus
Dinesh Kumar – Respondent


Advocates Appeared:
For the Appellants :Mr. Bimal Gupta, Senior Advocate with Ms. Poonam.
For the Respondents: Mr. Romesh Verma, Mr. Sunil Mohan Goel.

JUDGMENT :

Tarlok Singh Chauhan, J.

Aggrieved by the judgments and decrees passed by the learned Courts below, the plaintiffs-appellants have filed the instant regular second appeal.

2. The parties shall be referred to as the ‘plaintiffs’ and ‘defendants’.

3. Original plaintiff Shri Devi Dyal (now deceased), predecessor-in-interest of the plaintiffs and father of defendant No.1 and husband of proforma defendant No.5, filed a suit through next friend Shri Pankaj Sharma, plaintiff No.1, against the defendants for declaration with consequential relief of injunction. It was averred that Devi Dyal was a person of unsound mind and also deaf and dumb and insane. He was owner in possession of land measuring 1-05-00 bighas, comprised in Khasra No. 2746/712, Khata Khatauni No. 794min/1095min, situated in Phati Dhalpur Kothi Maharaja, Tehsil and District Kullu (hereinafter to be referred as the suit land). Devi Dyal was married to proforma defendant No.5 and out of the said wedlock two sons, namely, Dinesh Kumar, defendant No.1 and one Kalu and one daughter, namely Sucheta Sharma were born. Kalu died unmarried and issueless in the year 1990. Sucheta was married to one Shri Nain Sukh, resident of

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