SAROJ BALA Vs. ROSHAN LAL
LAWS(HPH)-1997-5-65
HIGH COURT OF HIMACHAL PRADESH
Decided on May 19,1997

SAROJ BALA Appellant
VERSUS
ROSHAN LAL Respondents

JUDGEMENT

R.L.KHURANA, J. - (1.)THE abovenoted regular second appeal at the instance of the defendants and the cross -objections at the instance of the plaintiffs against the judgment and decree dated 30.6.1988 of the learned District Judge, Una, modifying the judgment and decree dated 9.9.1983 of the learned Sub Judge Ist Class (II), Una, are being disposed of by this single judgment.
(2.)THE subject -matter of dispute between the parties is the land measuring 28 kanals 4 marlas being 1/2 share in the land measuring 56 kanals 9 marlas, comprising of old khasra No. 1013 to 1019, corresponding to new khasra Nos. 1155 and 1157 of village Barolian Khurd, Tehsil and District Una. This land has been specifically described in the plaint and hereinafter is being referred to as the land in dispute.
(3.)THE plaintiffs claim themselves to be in possession of the land in dispute as non -occupancy tenants under the defendants. Since the defendants are alleged to have denied their tenancy and that they have started interfering with the possession of the plaintiffs, a suit for declaration and injunction was filed by them.
Initially, State of Himachal Pradesh was also impleaded as a party. However, subsequently the name of the State of Himachal Pradesh came to be deleted from the array of defendants.



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