KARAM CHAND & ANOTHER Vs. SHAKTI CHAND

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment, dated 16.03.2012, passed by the learned Additional District Judge-(II), Kangra at Dharamshala, District Kangra, H.P., in RBT Civil Appeal No. 74-G/10/07.

(2.) Key facts necessary for adjudication of this Regular Second Appeal are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) had filed a suit for permanent prohibitory injunction and in the alternative for possession against the appellants-defendants (hereinafter referred to as 'the defendants' for the sake of convenience).

(3.) The suit was resisted by the defendants. According to the defendants, the suit land was owned by one Shri Mangtu, son of Shri Reejha. He died issueless. His entire property vested in State of Himachal Pradesh. Although, one Shooku Devi claimed herself to be wife of Mangtooo and initially mutation of property of plaintiff was sanctioned in her favour, but it was subsequently cancelled as it was found that she was not the wife of Mangtu.