OM RAJ Vs. AMAR SINGH

JUDGEMENT

(1.) Tarlok Singh Chauhan, Judge Defendants are the appellants, who aggrieved by the judgment and decree passed by the learned first appellate Court, whereby it decreed the suit of the plaintiff and set aside the judgment and decree passed by the learned trial Court, have filed the instant regular second appeal.

(2.) The parties hereinafter shall be referred to as the 'plaintiff' and the 'defendants'.

(3.) The plaintiff filed a suit for declaration and consequential relief of permanent prohibitory injunction. It was averred that the land comprised in Khata No. 37, Khatauni No. 39, Khasra Kitas 38, measuring 77 Kanals 10 Marlas, Khata No. 38, Khatauni No.40, Khasra Kitas 42, measuring 48 Kanals 15 Marlas, Khata No.39, Khatauni No. 41, Khasra No. 719, measuring 0.5 Marlas, Khata No. 51, Khatauni No. 53, Khasra No. r to 720, measuring 0.5 Marlas, Khata No. 55, Khatauni No. 57, Khasra Kitas 2, measuring 2 Kanals 8 Marlas with restricted share therein, total measuring 23 Kanals 10 Marlas, as indicated in para No.1 of the plaint, situated in Tika Sorar, Tappa Nauhangi, Tehsil Nadaun, District Hamirpur, H.P., is shown in the ownership of one Bhagtu along with the plaintiff and other co-owners.