RAM BHUL Vs. RAM CHAND

JUDGEMENT

(1.) By this common judgment, I am disposing of two appeals i.e. R.S.A. No. 347 of 1985 titled Ram Bhul and Ors. v. Ram Chand and R.S.A. No. 366 of 1985 titled Kailash Chand Sharma and Ors. v. Ram Chand and Anr. These appeals have arisen out of two separate suits filed by Ram Chand 'respondent, relating to same suit land against the appellants of both appeals (including proforma respondent No. 2 in R.S.A. No. 366 of 1985). Ram Chand filed suit No. 242 on 20.04.1981 against Ram Bhul etc. giving rise to R.S.A. No. 347 of 1985. Ram Chand filed second suit No. 303 on 30.04.1981 against Sunder Pal etc. giving rise to R.S.A. No. 366 of 1985.

(2.) In both the suits, plaintiff Ram Chand sought permanent injunction alleging that he is in possession of the suit land measuring 03 kanals 04 marlas (banjar kadim land) as pattedaar/perpetual lessee since January 1975 and is using the said land for tethering cattle and placing bongas. He had also grown kikar trees in the suit land and his crop was also lying there. Plaintiff is in continuous possession of the suit land since January 1975. Defendants threatened to dispossess the plaintiff from the suit land forcibly and illegally. The plaintiff never relinquished his possession over the suit land nor he was ejected therefrom nor he was dispossessed from the suit land. The plaintiff is, therefore, entitled to protect his possession. Defendants have no right, title or interest in the suit land. The plaintiff therefore claimed permanent injunction restraining the defendants from interfering in possession of the plaintiff over the suit land and from dispossessing him there from.

(3.) Defendants in both the suits, by filing written statement, controverted the allegations of the plaintiff. It was pleaded that the plaintiff has never been in possession of the suit land. The suit land was in possession of Thola Sahib Ram and Thola Lal Ji through one Raman Lal on rent of Rs. 350/- per year, as per jamabandi for the year 1957-58. The lease was for one year. In December 1974, proprietors of Thola Sahib Ram and Thola Lal Ji leased out the suit land to Shiv Charan (defendant No. 4 in suit No. 242 of 1981) @ Rs. 40/- per year. After said Shiv Charan gave up possession of the said suit land, proprietors of the Tholas took possession thereof and remained in possession thereof as owners. On 20.04.1981, proprietors of the Tholas leased out the suit land to Kailash Chand (defendant No. 8 in suit No. 303 of 1981) on rent of Rs. 100/- per year and said lessee Kailash Chand is in possession of suit land since then under the proprietors of the Tholas. Plaintiff, with mala fide intention, got recorded his name in khasra girdawri for the year 1975-76 without any basis, but the same was corrected in jamabandi for the year 1976-77. The aforesaid stray entry in khasra girdawri in favour of the plaintiff was wrong and incorrect. The plaintiff intended to take forcible possession of the suit land. Various other pleas were also raised by the defendants.