Court : Himachal Pradesh
Decided on : Jan-11-1985
Reported in : AIR1985HP82
H.S. Thakur, J.1. This Letters Patent Appeal is directed against the decree and judgment of the learned Single Judge (M. R. Ansari, J.), dated May 19, 1970. The appellant in the present appeal is the defendant in the suit whereas the respondents are the plaintiffs. The appellant shall hereinafter he referred to as the 'defendant' and the respondents as the 'plaintiffs'.2. A few facts relevant to decide this appeal may be stated. The plaintiffs filed the suit for declaration that they were in possession of the suit property as its owners and, in the alternative, for possession of the suit property. The case of the plaintiffs was that the suit property originally belonged to one Onkar Singh. He died on March 20, 1933 and. on his death, the property was inherited by his widow Smt. Giano Devi, the defendant, as a life tenant and mutation was attested in her favour on April 22, 1933. Four or five years after the death of Onkar Singh, the defendant contracted a second marriage with one Girdh...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Mar-13-1985
Reported in : AIR1985HP103
H.S. Thakur, J. 1. This Letters Patent Appeal is directed against the decree and (contd. on col. 2)judgment of the learned single Judge dated Nov. 9, 1973, who affirmed the decree and judgment passed by the learned Additional District Judge.2. A few facts relevant to decide this appeal may be stated. The land in dispute is one fourth share in Khasra Nos. 35, 38, 2/2, 3, 4, 53/2, 57, 58/2, 39, 45 and 52 measuring 43 bighas and 2 biswas situated in village Bamta. In order to understand this case, it is necessary to set out the genealogical table which gives the relationship of the' parties and to make certain observations : Balku | ____________|___________________________ | | | Kahna Jalam Jagta | | | | Masadi | _________________| (died issueless) | | | | Kalia Bhola | | (Mst. Phini | | widow) | | | _______|_________________ ___________________|__________ | | | | |Lobhi Negi Gopal Jiwanoo Sardaroo Budhoo(Deft.6) (Deft.5) (Deft. 4) (died issueless) | (Deft.1) | _________|____________ | | ...
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