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2008 Supreme(HP) 563

DEEPAK GUPTA
Devi Dass – Appellant
Versus
Devi Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Satyen Vaidya, Advocate.
For the Respondents:Mr. B.S. Chauhan, Advocate.

JUDGMENT :

Deepak Gupta, J.

1. This petition is directed against the order of the learned District Judge, Kullu dated 6.8.2007 whereby he has rejected the prayer made by the petitioner (hereinafter referred to as the defendant) for amendment of the written statement.

2. Briefly stated, the facts of the case are that the respondents (hereinafter referred to as the plaintiffs) filed a suit for declaration to the effect that they are owners in possession of 2-3-0 bighas of land being ½ share of the land comprised in khasra Nos.67, 76, 96, 97, khata kahtauni No.108/148 village Goshal, Tehsil Lahaul. According to the plaintiffs they inherited the suit land from their father Sh.Rup Dass. The defendants are the real brothers of Rup Dass. In the suit it was also claimed that the defendants had illegally got themselves recorded as owners in the revenue record. Consequently relief of injunction was also prayed for restraining the defendants from causing any sort of unlawful interference in the ownership and possession of the plaintiffs and from alienating or encumbering the same and in the alternative it is was prayed that if the plaintiffs are not found in possession of the suit land then a de

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