ONKAR SINGH Vs. VEENA DEVI AND OTHERS

JUDGEMENT

(1.) Looking into the nature of the judgment, I proposes to pass, it is not necessary to delve deep into the facts and suffice it to state that original plaintiff Amin Chand (who died during the trial of the case) filed a suit for declaration with consequential relief of permanent prohibitory injunction and in the alternative for possession to the effect that he was owner in possession of Khasra No.2262/2838 shares of land comprising Khata No.112, Khatauni No.200, Khasra No.474, measuring 0-28-38 hects., situated in Mohal Chari-Dodham, Mauza Chari, Tehsil Shahpur, District Kangra, H.P. (hereinafter referred to as the suit land) and the sale deed obtained by the defendant/appellant and registered on 12.06.1997 qua 1536/2838 shares of suit land be declared illegal and void ab initio 1Whether the reporters of the local papers may be allowed to see the Judgment? Yes with a consequential relief of permanent prohibitory injunction restraining the defendant from claiming any right, title or interest in the suit land and from interfering with the possession of plaintiff over the same and in the alternative a decree for possession of suit land be passed in his favour.

(2.) Since, the plaintiff died during the trial, his daughters were ordered to be substituted, by the learned trial Court, in place of original plaintiff Amin Chand.

(3.) The suit filed by the plaintiffs was dismissed by the learned trial Court on 07.12.2002. Appeal filed by the plaintiffs/respondents against the said judgment was allowed by the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala, on 11.11.2005, thereby setting aside the judgment and decree passed by the learned trial Court and this constrained the defendant-appellant to file the instant regular second appeal before this Court.