LAL SINGH Vs. PARVATOO.

JUDGEMENT

(1.) This revision petition is directed against the order dated 18.8.1999 passed by the learned Sub Judge, Ghumarwin whereby an application under Order 6, Rule 17 of the Code of Civil Procedure moved by the Petitioner/Plaintiff (here-after referred to as "the Plaintiff") has been dismissed.

(2.) Brief facts of the case are that the Plaintiff has instituted a suit for declaration that he and Respondent/proforma Defendant (hereafter referred to as "the proforma Defendant" are owners in possession of the suit land and for injunction restraining the Respondent/Defendant (hereafter referred to as "the Defendant") from interfering in the suit land in any manner. It is claimed in the plaint that the father of the Plaintiff and proforma Defendant was a non-occupancy tenant over the suit land and after his death it has been inherited by them. As the tenancy could be inherited only by the sons of the deceased, the Defendant did not inherit the suit land and the revenue entries showing her as a co-sharer in possession of the suit land are incorrect.

(3.) The Defendant and proforma Defendant both filed a joint written statement and contested the suit inter alia on the ground that Roshan Lal deceased father of the Plaintiff and proforma Defendant and husband of the Defendant, was owner in possession of the suit land and after his death the parties have inherited the suit land.