Regular Second Appeal No. 182 of 2012-E. Case: Dev Raj Vs Shri Jonki Ram. Himachal Pradesh High Court

Case NumberRegular Second Appeal No. 182 of 2012-E
CounselFor Appellant: Mr. Ramakant Sharma, Advocate and For Respondents: Mr. Rajinder Dogra, Advocate
JudgesRajiv Sharma, J.
IssueCode of Civil Procedure, 1908 (CPC) - Section 11
Citation2013 (2) ShimLC 952
Judgement DateMay 13, 2013
CourtHimachal Pradesh High Court

Judgment:

Rajiv Sharma, J.

  1. This Regular Second Appeal is directed against the judgment and decree, dated 04.02.2012, passed by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 113 of 2008. 'Key facts' necessary for the adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) has filed a suit for permanent prohibitory injunction against the appellant-defendant (hereinafter referred to as 'the defendant' for the sake of convenience) qua suit land comprised in Khata No. 154 min, Khatoni No. 156 min, Khasra No. 81, measuring 3 Kanals 8 Marlas, situated in Tika Pandher, Tappa Ugialta, Tehsil and District Hamirpur, H.P. with a prayer for possession by way of demolition, if the defendant succeeds in raising forcible construction over the suit land. According to the plaintiff, the suit land was owned and possessed by his father, Shri Dass, who has expired on 03.08.2007. His father had executed a...

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