Himachal Pradesh Court August 2012 Judgments

Shishi Ram Vs. Megh Chand and Others

Court: Himachal Pradesh

Oral: Surinder Singh, J. 1. The present Regular Second Appeal has been filed by the defendant having felt aggrieved and dissatisfied by the judgment of reversal by the first appellate Court, which was admitted for hearing on the following substantial questions of law:- 1. Whether the judgment and decree passed by the learned Appellate Court is the result of misreading, misinterpretation as well as mis-appreciation of the evidence led by the parties especially in view of the admission of the plaintiff and his witness Rajinder PW-2 who have admitted that the defendant No.1 is in settled possession of the suit land? 2. Whether the learned Lower Appellate Court is right in allowing the appeal when the learned Trial Court had dismissed the suit for non-joinder of necessary party, in view of the judgment passed by this Honble Court reported in AIR 1981, HP-20? 2. In brief the facts giving rise to the present appeal can be stated thus. Respondent Megh Chand, hereinafter to be referred as the ...