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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Basant Kumar (deceased) through LRs – Appellant
Versus
Surat Ram – Respondent
JUDGMENT :
Virender Singh, J.
Basant Kumar, predecessor-in-interest of the appellants, has filed the present Regular Second Appeal, under Section 100 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), against the judgment and decree dated 8.12.2003, passed by the Court of learned District Judge, Bilaspur, District Bilaspur H.P., (hereinafter referred to as the ‘First Appellate Court’), in Civil Appeal No.78 of 1996, titled as Basant Kumar versus Deep Ram & Others.
2. By way of judgment and decree dated 8.12.2003, the appeal, preferred by the Basant Kumar, has been ordered to be dismissed by the learned First Appellate Court.
3. The said appeal has been preferred against the judgment and decree dated 27.6.1996, passed by the Court of learned Sub Judge 1st Class, Ghumarwin, District Bilaspur, H.P., (hereinafter referred to as the ‘trial Court’), in Civil Suit No.105/1 of 1987, titled as Basant Kumar versus Saloh (deceased) through LRs and Others.
4. Vide judgment and decree dated 27.06.1996, learned trial Court has dismissed the suit, filed by the predecessor-in-interest of the present appellants, Basant Kumar.
5. For the sake of convenience, the parties to the present
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Title and adverse possession claims mutually inconsistent; adverse possession requires proof of specific hostile, open, continuous possession known to owner. No interference with concurrent factual f....
A claim of title and adverse possession cannot coexist; plaintiffs must establish their title to succeed in a suit for declaration.
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