KIMTU Vs. RAMA DOGRA
LAWS(HPH)-1997-2-1
HIGH COURT OF HIMACHAL PRADESH
Decided on February 25,1997

KIMTU Appellant
VERSUS
RAMA DOGRA Respondents


Referred Judgements :-

RANBIR AND ORS. V. TULSI AND ANR. [REFERRED TO]
ALIA BAKSH V. MOHD. HUSSAIN,II [REFERRED TO]
TIRATN RAMV. EMPERPR [REFERRED TO]
UPPALPATI VEERA VENKATA SATYANARAYANARAJU VS. JOSYULA HANUMAYAMMA [REFERRED TO]
STATE OF WEST BENGAL VS. DALHOUSIE INSTITUTE SOCIETY [REFERRED TO]
STATE OF UTTAR PRADESH VS. NAWAB HUSSAIN [REFERRED TO]
CHANDRAKANTABEN WIFE OF JAYANTILAL BAPALAL MODI NARENDRA JAYANTILAL MODI VS. VADILAL BAPALAL MODI [REFERRED TO]
SODAMAN VS. JHARU [REFERRED TO]
BENARASI DEBI VS. NEW INDIA ASSURANCE CO LTD [REFERRED TO]
IN RE: PERIASWAMI GOUNDAN VS. STATE [REFERRED TO]



Cited Judgements :-

SULENDER SINGH AND OTHERS VS. PRITAM AND OTHERS [LAWS(HPH)-2013-3-57] [REFERRED TO]
KIMTU VS. LACHHI DEVI, OM PRAKASH [LAWS(HPH)-1999-4-19] [REFERRED]


JUDGEMENT

- (1.). R.L. Khurana, J.-This is the plaintiff's regular first appeal against the judgment and decree dated 10.1.1992 of the learned Single Judge of this court passed in Civil Suit No. 63 of 1983 whereby the suit of the plaintiff for possession of the land measuring 12 bighas 10 biswas comprising of khata No. 732 and khasra No. 55/2, and land measuring 11 bighas 2 biswas comprising of khata No. 739, khatoni No. 1564 and khasra No.' 54 of Phatt Nathan, Kothi Nagar, Tehsil and District Kullu, specifically described in the plaint and jamabandi for the year 1970-71 and hereinafter referred to as the land in suit, was dismissed.
(2.). The suit, out of which the present appeal has arisen, was initially filed by Gehru, a deaf and dumb with low intelligence through Smt. Devkoo, his wife, as a next friend, in forma pauperis. The said Gehru died during the pendency of the suit. The appellant, before this court, Smt. Kimtu is the daughter of the deceased who was brought on record as his legal representative and hereinafter is being referred to as 'the plaintiff
(3.)Briefly stated, the facts giving rise to the present case are these. Gehru above named deceased, was the owner and in possession of the land in suit and some other lands in Phati Nathan, Kothi Nagar, Tehsil and District Kullu. His wife Smt. Sobhi, acting as his general attorney on 4.10.1962 and 31.7.1971 respectively vide two separate registered real deeds sold the land in suit in favour of one Shri Charan Dass Dogra, Advocate of Kullu, the predecessor-in interest of the defendants 1 to 6.


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