PREM RAJ SHARMA Vs. BALDEV VERMA
LAWS(HPH)-2001-8-31
HIGH COURT OF HIMACHAL PRADESH
Decided on
August 10,2001
PREM RAJ SHARMA
Appellant
VERSUS
BALDEV VERMA
Respondents
Referred Judgements :-
CHAMARU V. CHIPPAL [REFERRED TO]HAR DAYAL V. RAM GHULAM [REFERRED TO]
SRIMATI RAJ LAKSHMI DASI VS. BANAMALI SEN [REFERRED TO]
NEDUNURI "KAMESWARAMMA VS. SAMPATI SUBBA RAO [REFERRED TO]
SHEODAN SINGH VS. DARYAO KUNWAR [REFERRED TO]
SUSHIL KUMAR MEHTA VS. GOBIND RAM BOHRA DEAD [REFERRED TO]
INACIO MARTINS VS. NARAYAN HARI NAIK [REFERRED TO]
STATE OF MAHARASHTRA VS. NATIONAL CONSTRUCTION COMPANY BOMBAY [REFERRED TO]
NIKUNJA BEHARI DAS VS. JATINDRA NATH KAR [REFERRED TO]
MAHALINGESHWARA DEVARU VS. SEETHARAMA BHATTA [REFERRED TO]
C CHENNAIYA NAIDU VS. PANCHAYAT BOARD VENUKADATHAMPATTI [REFERRED TO]
KADAPURATH ILLAM KHALID VS. B P SULEKHA [REFERRED TO]
SHEIKH HABIBULLA VS. JAMUNA SINGH [REFERRED TO]
RAM NAGENDRA TIWARY VS. JAGDAMBA OJHAIN [REFERRED TO]
JUDGEMENT
ARUN KUMAR GOEL,J. -
(1.)Before adverting to the respective contentions urged at the time of hearing of this appeal, facts on which parties are not at variance, need to be briefly noted.
(2.)Prem Raj and Baldev Verma appellant and respondent respectively, jointly owned land comprised in Khasra Nos. 911, 912, 913/1, 913/2, 913/ 3, 914/1, 914/2, 915/1, 915/2, 916/1, 912/3, 918/2, 919/2 plots 13 measuring 5486 sq. meters situate at village Basal Patti Kather, Pargana Sumna, Tehsil and District Solan. According to appellant, hereinafter referred to as the Defendant, this land is joint. Whereas according to respondent, hereinafter referred to as the Plaintiff it stood partitioned and both the parties were in separate and exclusive possession of the land which had fallen to their respective shares.1
(3.)Record of the case further shows that vide Ext. PX/2 statement was made on 31.5.1984 by both the parties before the patwari which was recorded in the Rapat Rojnamcha Waquati. On the basis of this report, Mutation No. 151 dated 12.6.1984 was attested. Pursuant to this land measuring 2748 sq. meters comprised in Khasra Nos. 911 and 912/2 Kita 2 fell to the share of the defendant and the remaining land measuring 2738 sq. meters fell to the share of the plaintiff.
(2.)Prem Raj and Baldev Verma appellant and respondent respectively, jointly owned land comprised in Khasra Nos. 911, 912, 913/1, 913/2, 913/ 3, 914/1, 914/2, 915/1, 915/2, 916/1, 912/3, 918/2, 919/2 plots 13 measuring 5486 sq. meters situate at village Basal Patti Kather, Pargana Sumna, Tehsil and District Solan. According to appellant, hereinafter referred to as the Defendant, this land is joint. Whereas according to respondent, hereinafter referred to as the Plaintiff it stood partitioned and both the parties were in separate and exclusive possession of the land which had fallen to their respective shares.1
(3.)Record of the case further shows that vide Ext. PX/2 statement was made on 31.5.1984 by both the parties before the patwari which was recorded in the Rapat Rojnamcha Waquati. On the basis of this report, Mutation No. 151 dated 12.6.1984 was attested. Pursuant to this land measuring 2748 sq. meters comprised in Khasra Nos. 911 and 912/2 Kita 2 fell to the share of the defendant and the remaining land measuring 2738 sq. meters fell to the share of the plaintiff.
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