SHIV PARSAD GAUTAM Vs. SANTOSH AGGARWAL

JUDGEMENT

(1.) THIS is the defendant's Regular Second Appeal filed under Section 100 of the Code of Civil Procedure. Plaintiff's Civil Suit No. 355/1 of 2004, titled as Sat Prakash Gautam vs. Shiv Parsad Gautam, stands decreed by Civil Judge (Senior Division) Nalagarh, District Solan, H.P., in terms of judgment and decree dated 27.11.2010. Such findings of fact, judgment and decree stand affirmed by the Addl. District Judge, Solan, District Solan, H.P., Camp at Nalagarh, in terms of judgment and decree dated 6.6.2012, passed in Civil Appeal No. 8 -NL/13 of 2011, titled as Shiv Parsad Gautam vs. Sat Parkash (through his LRs), filed by the defendant. Thus, the present appeal arises out of concurrent findings of fact.

(2.) THE appeal stands admitted on the following substantial question of law: -

(3.) BASED on respective pleadings of the parties, trial Court framed the following issues: -