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2023 Supreme(HP) 504

RAKESH KAINTHLA
Surender Kumar – Appellant
Versus
Palmo Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellants : R.K. Bawa, Ajay Kumar Sharma.
For the Respondents: Parveen Kumar Chandel, Sanjay Singh.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeals are directed against the judgment and decree dated 22.4.2022, passed by learned Additional District Judge, Kullu, District Kullu, H.P. vide which the appeal filed by the respondent(plaintiff before the learned Trial Court) was allowed and the cross objections filed by the appellant (defendant before the learned Trial Court) were dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before the learned Trial Court for seeking a declaration that she is the owner in possession of the suit land as mentioned in para-1 of the plaint, and mutation No. 10222 regarding the suit land in favour of defendant is wrong, illegal, null and void. It was pleaded that the plaintiff is the legally wedded wife of Bir Chand and the marriage between them was solemnized as per the customs 50 years back before the filing of the suit. The plaintiff is the legally wedded wife of Beer Chand. She discharged her matrimonial obligations faithfully. No issue was born to the

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