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2025 Supreme(Online)(HP) 4456

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, J
State of Himachal Pradesh – Appellant
Versus
Sukhan Devi (deceased) through LRs – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Vishav Deep Sharma, Additional Advocate General
For the Respondents:Ms. Vishali Lakhanpal, Advocate vice C Mr. Parv Sharma, Advocate

Vivek Singh Thakur, Judge

State has preferred this appeal, under Section 100 of Code of Civil Procedure (in short ‘CPC’) against judgment and decree dated 12.10.2015 passed by the District Judge, Bilaspur H.P. in Civil Appeal No. 23/13 of 2015, titled State of HP vs. Sukhan Devi, whereby judgment and decree dated 30.4.2015 passed by the Civil Judge (Junior Division), Bilaspur, District Bilaspur HP in Civil Suit No. 120/1 of 2009 titled Sukhan Devi vs. State of HP, has been affirmed.

2 For convenience, parties herein-after shall be referred as per their status in the suit i.e. plaintiff and defendant/State respectively.

3 Case of plaintiff is that her husband Gurdass had occupied the land of the State of Himachal Pradesh on 13.1.1963 i.e. from the date of her marriage and plaintiff and her husband had constructed a residential house thereon in village Manwa and they lived in thPe said residential house. Name of her husband Gurdass was also incorporated in the column of possession over the suit land since 1963 onwards as evident from jamabandi for the year 1963-64, till filin g of the suit.

4 Further case of plaintiff is that opossession of husband of plaintiff had matured into title o

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