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2026 Supreme(Online)(HP) 3218

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
DUGLA DECEASED THROUGH LR ROBEL SINGH AND ANOTHER – Appellant
Versus
CHAMAN LAL DECEASED THROUGH LR aNKUR kUMAR AND OTHERS – Respondent


Petitioner Advocates:NK.THAKUR JAGDISH THAKUR ,Respondent Advocate: NEERAJ GUPTA JANESH GUPTA NEERAJ GUPTA Janesh Gupta Janesh Gupta

Rakesh Kainthla, Judge

The present appeal is directed against the judgment and decree dated 03.08.2002 passed by learned District Judge, Mandi, H.P. (learned Appellate Court) vide which the judgment and decree dated 14.12.2000 passed by learned Sub-Judge, First Class, Sarkaghat, District Mandi (learned Trial Court) were set aside. (The 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 seeking a declaration that the plaintiff is the owner in possession of the suit land described in para- 1 of the plaint by virtue of a sale. A consequential relief of permanent prohibitory injunction and an alternative relief of possession were also sought. It was asserted that the predecessor-in interest of the defendant made a sale in the plaintiff's favour and put the plaintiff in possession of the suit land on 18th Jeth, 2013. Defendant filed an application for partition. The plaintiff enquired from Patwari Halqa and found that the revenue entries in the record of right were incorrect.

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