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2019 Supreme(HP) 1342

TARLOK SINGH CHAUHAN
Nek Ram – Appellant
Versus
Surjan Singh – Respondent


Advocates Appeared:
Romesh Verma, Advocate, Rajnish K Lal, Advocate

JUDGMENT

Tarlok Singh Chauhan, J. - The appellant is the plaintiff, who after having lost before both the learned Courts below have filed the instant Regular Second Appeal.

    The parties shall be referred to as the ''plaintiff and the ''defendant''.

    2. Brief facts of the case as set out in the plaint are that the plaintiff claimed to be owner of land bearing Khasra No. 74/17 measuring 1-6 bighas out of which he had exchanged 8 biswas of land with Chet Ram and therefore was in possession of 18 biswas of land. It was averred that the defendant alleged to have purchased two biswas of land of khasra No. 135/77 in the year 1985 and having raised construction on it and also on the land of the plaintiff to the extent of 4 biswas by encroaching over it during the life time of Palkia predecessor of the plaintiff. It was averred that the defendant agreed to give his land in exchange but failed to fulfill the promise. It was further averred that the plaintiff also obtained demarcation which had shown encroachment of 4 biswas of land and therefore, he filed a suit for possession.

    3. The defendant resisted the claim of the plaintiff by alleging that Khasra No. 74/17 did not exist in the revenue re

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