LAWS(HPH)-2014-10-89

AVTAR SINGH Vs. DHANI RAM

Decided On October 10, 2014
AVTAR SINGH Appellant
V/S
DHANI RAM Respondents

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. 103 of 1990, titled as Dhani Ram vs. Avtar Singh & others, stands partly decreed by Sub Judge, 1st Class, Chamba, District Chamba, H.P., in terms of judgment and decree dated 26.2.1999. Such findings of fact, judgment and decree stand affirmed by the District Judge, Chamba Division, Chamba, H.P., on 28.4.2001, in Civil Appeal No. 27 of 1999, titled as Avtar Singh & others vs. Dhani Ram & others, filed by contesting defendants No. 1 and 2. Thus, the present appeal arises out of concurrent findings of fact.

(2.) Courts below concurrently have held plaintiff Dhani Ram alongwith performa defendants No. 10 to 12 to be owners of the suit premises. Also performa defendants No. 3 to 9, who were tenants under the owners handed over the possession of the suit premises to the contesting defendants No. 1 and 2 (appellants herein)

(3.) Trial Court partly decreed the suit of the plaintiff in the following terms:-