Himachal Pradesh Court July 2008 Judgments
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Sh. Budh Ram Vs. Nanki Devi and ors.
Court: Himachal Pradesh
Decided on: Jul-01-2008
Reported in: 2008(3)ShimLC162
Surjit Singh, J.1. The present second appeal has been filed against the judgment dated 10.6.1997 of District Judge, whereby judgment and decree of the trial Court decreeing the suit of respondent Tisu Ram (since deceased and now represented by LRs), hereinafter called plaintiff, has been upheld and the appeal dismissed.2. First, the relevant facts may be noticed. Respondent Tisu Ram, now deceased and represented by his legal representatives, filed a suit for declaration that he was owner in possession of land measuring 21 bighas 18 biswas, as described in the plaint, and that the order of review of mutation dated 23.6.1988, passed by the Assistant Collector, Bilaspur, setting aside the mutation order dated 27.7.1981 of conferment of proprietary rights upon him, in respect of the suit land was illegal, without jurisdiction and as such not binding upon him. By way of further prayer, he prayed for permanent prohibitory injunction restraining appellant Budh Ram, hereinafter called defendan...
Chaman Singh Vs. State of H.P.
Court: Himachal Pradesh
Decided on: Jul-01-2008
Reported in: 2008(3)ShimLC153
Surinder Singh, J.1. This second appeal is directed by the plaintiff-appellant against the judgment and decree passed by the learned District Judge, in Civil Appeal No. 91-NL/13 of 1996 decided on 15.9.1997 whereby he had affirmed the judgment and decree passed by the learned Sub Judge Nalagarh, District Solan dismissing the suit for declaration and injunction.2. The appeal was admitted on the following substantial questions of law:1. Whether the impugned judgment and decree is the result of complete misreading, misinterpretation as well as misappreciation of statements of PW1, PW2 and DW1 as well as documents Exhibit P-1, D-1 and D-2 ?2. Whether the impugned judgment and decree is the result of non-consideration of law laid down by the Hon'ble High Court in case reported in Dalip Singh v. State of H.P. 1992 (1) Sim.L.C. 320.3. As a matter of fact, the land comprised in khasra number 2621/1656, 2622/1656 and 2671/2234 kita-3, measuring 6 bighas 7biswas situated in village Bhatian, Parg...
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