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HIGH COURT OF HIMACHAL PRADESH
Parkash Chand deceased through Lrs. Susheel Kumar and others – Appellant
Versus
Anjani and others – Respondent


J U D G M E N T

As both these appeals arise out of the judgment and decree dated 15.02.2016, passed by the Court of learned Civil Judge (Junior Division), Jawali, District Kangra, H.P., in Civil Suit No.97 of 2006, alongwith Counter Claim No.23/16/2006, as affirmed by the Court of learned District Judge-II, Kangra at Dharamshala, H.P., vide judgment and decree dated 04.12.2019, in Civil Appeal No.14- J/2016, the same are being disposed of with the consent of the parties by a single judgment.

2. Brief facts necessary for the adjudication of the present appeals are as under:-

The appellants/plaintiffs filed a suit for declaration and permanent prohibitory injunction against the respondents qua the suit land, stating in the plaint that earlier they were Gair Marusi tenants over the suit land and defendants were having no right, title or interest over the suit land and had no right to get the suit land partitioned and that plaintiffs had become owners of the suit land by virtue of the provisions of the Himachal Pradesh Tenancy and Land Reforms Act. Accordingly, a declaration was sought that order passed by A.C. 1st Grade, Jawali, dated 07.04.2005, partitioning the suit land and orders da

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