PREMO Vs. TILAK RAJ

JUDGEMENT

(1.) This is a defendants' second appeal against the judgment and decree of the learned Senior Subordinate Judge, Kangra at Dharamsala, dated 28th of July, 1965, decreeing the plaintiffs' suit.

(2.) The plaintiffs brought a suit for possession by the ejectment of the defendants in respect of one Kanal of abadi land situate in Teeka Tanda, Mauza Ghughar, Tehsil Palampur, District Kangra. Their allegations were that defendant Nos. 1 and 2 were their tenant-at-will in lieu of domestic services and since they had not rendered these services for the last three years and had transferred possession of the disputed land in favour of defendant Nos. 3 and 4 without any right, they were liable to be evicted. It was also alleged that the defendants had made certain constructions on the suit-land without any right and the same should, therefore, be demolished.

(3.) The suit was resisted by the defendants who pleaded that Ghelu, father of defendant Nos. 1 and 2, had been settled on the land in dispute by the predecessors of the plaintiffs and the tenancy was of a permanent nature, with the result that the defendants could not be dispossessed. It was also pleaded that no valid notice of ejectment had been served on them and the suit was bad because certain necessary parties had not been impleaded. It was further averred that in case the plaintiffs' suit for possession was decreed, the defendants should be compensated for the structures they bad built on the land.