Surat Ram VS Sudama Ram (deceased) through LRs

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAKESH KAINTHLA
Surat Ram – Appellant
Versus
Sudama Ram (deceased) through LRs – Respondent

Counsel for the Parties:
For the Appellant:Mr. Romesh Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate
For the Respondents:Mr. R.K. Bawa, Sr. Advocate with Mr. Ajay Kumar, Advocate for LRs of deceased respondent No.1
For the Respondents:Mr. Navlesh Verma, Additional Advocate General and Mr. Prashant Sen and Ms. Avni Kochhar, Deputy Advocates General, for respondent No.2

JUDGMENT

Rakesh Kainthla, J.—The present appeal is directed against the judgment & decree dated 28.10.2006, passed by the learned Additional District Judge, Fast Track Court, Shimla, vide which the appeal filed by the appellant (defendant before the learned Trial Court) was dismissed and the judgment and decree passed by the learned Civil Judge (Junior Division), Theog was upheld. (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 permanent prohibitory injunction for restraining the defendant from interfering with the land bearing Khasra Nos. 86, 88, 110 and 126, measuring 04 bighas 19 biswas situated in Chak Shatenya, Tehsil and District Shimla, H.P. (hereinafter referred to as the suit land). A decree of possession was also sought, in the alternative, in case defendant no. 1 was found in possession of the suit land. It was pleaded that Surju Ram was in possession of the suit land as mortgagee for many years. He died issueless. The plaintiff is the son of