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HIMACHAL PRADESH HIGH COURT
Anoop Chitkara, J
Bhagat Ram v. State of H. P.


Advocates:
For the Appellants/Petitioners: Mr. Ashwani Pathak, Mr. Dev Raj
For the Respondents: Mr. Prashant Sen

1. The present appeal is directed against the judgment and decree dated 27.02.2019 passed by the learned District Judge, Mandi, vide which the appeal filed by the appellants (plaintiffs before learned Trial Court) was dismissed and the judgment and decree dated 26.09.2018 passed by learned Civil Judge, Court No.3, Mandi was upheld. (Parties shall hereinafter referred to in the same manner in which they were arrayed before the learned trial court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the plaintiffs filed a Civil Suit before the learned Trial Court seeking a declaration that they are owners in possession of the land comprised in Khewat No.639 min, Khatauni No.859, Khasra Nos.1043, 1165, Kita - 2, measuring 448.64 square meters, situated at Mohal Tarna / 366/5, Tehsil Sadar, District Mandi, H.P.(hereinafter referred to as the suit land) and the revenue entries in favour of defendant no.1 are wrong. It was asserted that the suit land is recorded in the ownership of defendant no.1 and in possession of Ghauna Ram, father of the plaintiffs. He possessed the suit land as "Kabiz Nazayaj". He constructed a water channel over Khasra No. 1043















































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