RAM RAKHA Vs. BRAHMA NAND

JUDGEMENT

(1.) The suit of the Plaintiff-Respondent Brahma Nand for declaration to the effect that he is in possession as tenant-at-will over the land measuring 16 Kanals and 14 Marlas, with consequential relief of permanent injunction restraining the Defendants-Appellants from interfering in his possession etc., was dismissed by the trial Court of the learned Sub-Judge, 1st Class, Court No. (II), Una by judgment dated 15.6.1985. His appeal has, however, been accepted partially by the learned District Judge, Una by judgment dated 29.9.1992 whereby a decree to the effect that he has been declared to be in possession as tenant-at-will over 5 Kanals and 14 Marlas out of the total land in dispute with consequential relief of permanent injunction restraining the Defendants from interfering in his possession over the said area, has been passed. Hence, the present second appeal by the Defendants.

(2.) The whole dispute revolves around on the alleged statement made by one Guru Dutt before the Assistant Consolidation Officer whereby he admitted the Plaintiff to be as tenant-at-will over 5 kanals and 14 Marlas aforementioned, on the basis of which, the said Assistant Consolidation Officer passed an order dated 21.4.1979 which is Exbt. P-5 on the record. As a result of this order, the Plaintiff-Respondent was held to be a tenant-at-will.

(3.) However, Defendant Ram Rakha filed a revision application under Section 54 of the H.P. Holdings (Consolidation and Prevention of Fragmentation) Act, 1971 against the said order of the Assistant Consolidation Officer (AC 2nd grade) dated 21.4.1979. By an order dated 5.11.1980, the Director, Consolidation of Holdings, H.P. set-aside the order of the Assistant Consolidation Officer, dated 21.4.1979 vide Exbt. P-5, copy of the order of the Director being Exbt. P-6 on the record. It was held therein that the said Guru Dutt, one of the co-sharers in the joint holdings has by his admission created the tenancy and this he under the law can only do only to the extent of his share in the holdings which comes out to 1 Kanal and 7 Marlas. It was further directed vide Exbt. P-6 that a separate Kurah be formed to this extent in the joint holdings under the ownership of Guru Dutt and Brahma Nand be recorded as tenant-at-will under him.