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2010 Supreme(Online)(HP) 3

HIMACHAL PRADESH HIGH COURT
Deepak Gupta, J
Bhagat Ram (Sh.) v. Sh. Brahma Nand


Advocates:
For the Appellants/Petitioners: Sh. Bhupinder Gupta
For the Respondents: None

1. Briefly stated the facts of the case are that the plaintiffs filed a civil suit for declaration and permanent injunction and in alternative for possession. According to the plaintiffs, they were owner in possession of three parcels of land measuring 87-14 bighas, 12 biswas and 5-1 bighas respectively in Village Nagian Pargna Bachhretu Tehsil Ghumarwin, District Bilaspur. According to the plaintiffs, plaintiff No. 1 is the owner in possession to the extent of half share and plaintiff No. 2 alongwith other proforma defendants is owner in possession of the remaining half share of this property. The plaintiffs alleged that plaintiff No. 1 got her land cultivated through Thanu, father of Brahma Nand, defendant No. 1 and she used to pay labour charges for the same. It was alleged that Thanu who was the Lumbardar mis - utilized his position and got the revenue entries changed and possession of the suit land was shown to be that of his son, Brahma Nand, defendant No. 1 as non - occupancy tenant. The plaintiffs came to know about this fact only during consolidation proceedings and thereafter she laid a challenge to the same. The Director, Consolidation vide his order dated 5.2.1980 held



























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