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2022 Supreme(HP) 592

CHANDER BHUSAN BAROWALIA
Abdulla Bhatia, S/o. Late Sh. Fazal Din – Appellant
Versus
Naseem Akhtar, D/o. Late Sh. Gulam Mohammad – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Sharma, Sr. Advocate With Mr. Arun Kumar, Advocate
For the Respondent:Mr. Anand Sharma, Sr. Advocate With Mr. Karan Sharma, Advocate

JUDGMENT :

1. The instant regular second appeal has been maintained by the appellant, who was defendant No. 1 before the learned Court below (hereinafter to be called as “defendant No. 1”), laying challenge to the judgment and decree, dated 29.03.2014, passed by learned Additional District Judge, Chamba, District Chamba, H.P., in Civil Appeal No. 16/13, whereby findings recorded in judgment and decree, dated 25.04.2013, passed by learned Civil Judge (Junior Division), Chamba, District Chamba, H.P., in Civil Suit No. 72/2006 were reversed and defendant No. 1 was directed to get the sale deed executed qua the suit property in favour of respondent No. 1, who was the plaintiff before the learned Court below (hereinafter to be called as “the plaintiff”).

2. Briefly the facts, which are necessary for determination and adjudication of the present appeal, are that the land comprised in Khata/Khatauni No. 217/259, Khasra No. 165, 167, 940, 1113/942/1, 1117/959, 1390/1115, 958, 1119/960, 1121/961, 1123/962, 1233/963, 1125/964, 965, 966, 1470/1394, 1463/1401, kita 16, measuring 191800, situated at Mohal Baror, Pargna Gudial, Tehsil & District Chamba, H.P. (hereinafter to be called as the “sui

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