RAM RATTAN Vs. ASHWANI KUMAR AND ANOTHER

JUDGEMENT

(1.) This petition has been filed against Order dated 21.8.2015 rendered by the learned District Judge, Solan, HP in Application No. S/6 of 2015 in Case No. 60-S/13 of 2013.

(2.) "Key facts" necessary for the adjudication of the present petition are that the petitioner-plaintiff (hereinafter referred to as 'plaintiff' for convenience sake), filed a suit No. 48- K/1 of 2003 before the learned Civil Judge (Junior Division), Kandaghat, District Solan, HP for declaration to the effect that he be declared owner in joint possession of the suit land comprised in Khata/Khatauni No. 5/6, Kita 9, measuring 108- 10 Bigha situate in Village Koon, H.B. No. 38, Pargana Bharoli, Tehsil Kandaghat, District Solan, HP as per Jamabandi for the year 2001-02 and half share in respect of land comprised in Khata/Khatauni No. 11/16 Kitas 5 measuring 4-11 Bigha and 1/4 share in Khata Khatauni No. 12/18-20 Kita 15 measuring 10-10 Bigha situate in village Kanguti, HB No. 37, Pargana Bharoli, Tehsil Kandaghat, District Solan, HP vide Jamabandi for the year 2000-01, and 1/2 share in respect of land comprised in Khata Khatauni No. 45/58 Kitas 3 measuring 3-15 Bigha, 1/4 share in the land comprised in Khata Khatauni No. 46/59 Kitas 23, measuring 37-19 Bigha, 1/8th share of land comprised in Khata Khatauni No. 47/60 bearing Khasra No. 700 measuring 1-7 Bigha, 1/8th share in the land comprised in Khata Khatauni No. 48/61, bearing Khasra No. 387, measuring 0-13 Bigha situate in village Kothi, HB No. 37, Pargana Bharoli, Tehsil Kandaghat, District Solan, Himachal Pradesh.

(3.) Learned Civil Judge (Junior Division) dismissed the suit. Plaintiff filed first appeal in the Court of learned District Judge, Solan.