KHUSHALA Vs. SURINDER SINGH

JUDGEMENT

(1.) The present Regular Second Appeal is directed against the concurrent findings of fact, whereby the suit the appellant-plaintiff for declaration claiming possessory title to the extent of 2/3rd share of total land measuring 117 kanals 15 marlas, i.e., 78 kanals 10 marlas comprising of Khewat No.290, Khatauni No.338, Rect. No.7, Khasra Nos.1635 and 1637, situated in Village Siprian bearing hadbast No.367, Police Station Hajipur, Tehsil Dasuya, District Hoshiarpur with consequential relief of permanent injunction seeking restraint against the defendants from cutting and removing the trees and also changing the nature more than 1/3rd share, has been dismissed.

(2.) It was alleged that one Badhwa was the original tenant of land measuring 117 kanals 15 marlas. He had three sons, namely, Khushala, Harnama and Waryama. Waryama had two sons Surinder Singh and Ramji Dass (defendant Nos.1 and 2), whereas Khushala is the plaintiff. The dispute is regarding the share of Harnama, who died issueless in the year 1982. Harnama, during his life time, executed a registered Will dtd. 22/9/1982, but the defendants in collusion with the revenue officials, obtained wrong and fictitious entries. Plaintiff had been in peaceful possession and enjoyment of the property, whereas defendant Nos.3 to 7 were stated to be proforma.

(3.) Defendant Nos.1 and 2 contested the suit by raising preliminary objections qua jurisdiction of the civil court and suppression of material facts, but did not deny the death of Badhawa 15 years back. They denied the possession of the plaintiff. It was alleged that Harnama did not execute any Will and in case it was proved, the same was result of fraud and misrepresentation. Application of the plaintiff for correction of the entries was rejected by the Assistant Collector IInd Grade, Telwara and the appeal filed against thereof was also dismissed by the Sub Divisional Officer (Civil), Dasuya.