ASHOK KUMAR Vs. DEVI CHAND
HIGH COURT OF HIMACHAL PRADESH
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(1.)The appellant who was defendant No. 1 in the suit (hereafter to be referred as the contesting defendants) has preferred this appeal against the decree and judgment dated 6th January, 1981, passed by the learned District Judge, Mandi Kulu and Lahaul -spiti districts, affirming the decree and judgment passed by the trial court.
(2.)The relevant facts may be stated in brief. Shri Devi Chand respondent (hereafter to be referred as the plaintiff) instituted a suit against the contesting defendant and respondents No. 2 and 3 (hereafter to be referred as proforma defendants) to the effect that the possession of the land sold by proforma -defendant No. 2 Shri Chewang to the contesting defendant, be delivered to him as he being the real brother of the said proforma -defendant was entitled to pre -empt the sale. The contesting defendant resisted the suit and refuted the claim of the plaintiff to pre -empt this sale. The suit was, however, decreed in favour of the plaintiff. The contesting defendant -preferred an appeal in the Court of the learned District Judge which was also dismissed.
(3.)Aggrieved by the judgment and decree passed by the learned District Judge, the contesting -defendant has filed this second appeal.
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