RANA VIDYA BHUSHAN SINGH Vs. RATIRAM

JUDGEMENT

(1.) Rana Vidya Bhushan Singh is the owner of Khasra No. 331 Khala 22 katauni 27 village Mehana and his sister Dev Lata is the occupant, of that land. Rana Vidya Bhushan Singh and his sister Dev Lata instituted suit No. 401/1 of 1957 in the Court of the Subordinate Judge, Theog for a decree in ejectment against Rati Ram (respondent in this appeal) in respect of that land and for Rs. 500/- as compensation for wrongful use and occupation for the period Kharif season 1955 to Rabi season 1957 and for future mesne profits. It was the case of the plaintiffs that the defendant was a trespasser in the land. The defendant contended that he was a tenant of the land under a lease for fifteen years granted by the plaintiffs mother during their minority, and the civil court had no jurisdiction to entertain and try the suit. He tendered in evidence a copy of an unregistered agreement of lease dated August 21, 1951 in which the terms of the agreement were recorded. The Trial Court upheld the contention raised by the defendant that he was in possession as a tenant of the lands in suit. The learned Judge accordingly, returned the plaint for presentation to the proper court, for, in his view, the suit was not maintainable in the civil court because of Section 111 of the Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953.

(2.) In appeal, the District Court, Mahasu, agreed with the finding of the Trial Court that the defendant was a tenant of the first plaintiff. But the learned Judge modified the decree and ordered that the plaintiffs suit be dismissed.

(3.) In second appeal to the Court of the Judicial Commissioner, Himachal Pradesh, the decree passed by the Trial Court was restored. The Judicial Commissioner agreed with the Courts below that the defendant was a tenant of the first plaintiff. This appeal is filed with special leave granted by this Court.