OM PRAKASH Vs. PRAMODH SINGH
HIGH COURT OF HIMACHAL PRADESH
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(1.) This is Regular Second Appeal under para 32 of the Himachal Pradesh Courts Order, 1948, against the judgment and decree dated October 23, 1981, passed by the learned Additional District Judge, Kangra, Civil Division, Camp at Chamba, whereby the lower Courts judgment dated 4th September, 1979, for possession through redemption of mortgagee of the suit land was up -held,
(2.) The bone of contention in between the parties Is the land contained in khata -khatoni No. 9/15 to 18 measuring 14 bighas situate at Mohal Jandrog, Pargna Raipur, Tehsil Bhatiyat, District Chamba (hereinafter referred to as the suit land) The instant appeal involves the determination of three questions, firstly, plea of limitation, secondly, bar of resjudicata and thirdly, legality and validity of the Will Ex PW I/A.
(3.) in order to understand the real controversy arising in between the parties, the narration on the necessary facts are absolutely essential.;
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