HANS RAJ Vs. RAM LAL

JUDGEMENT

(1.) This is a regular second appeal under section 100 of the Code of Civil Procedure filed by plaintiffs/appellants against the judgment passed by learned Additional District Judge, Kangra dated 17.12.1999, reversing the judgment and decree passed by learned Sub Judge, Nurpur, dated 1.9.1998, decreeing the suit of the plaintiffs for possession of the land in dispute.

(2.) Briefly stated, the facts of the case are that the appellants (herein after also referred to as plaintiffs) filed a suit for possession of the land comprised in Khasra No. 1431 measuring 0-39-06 HM against the respondent (herein after also referred to as defendant). The plaintiffs alleged that they alongwith other co-sharers are owners of the suit land and they never inducted the defendant as tenant over the suit land. It was also alleged that during settlement operation, defendant got himself recorded as Kabaz of the suit land in the month of November, 1990 and 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes. took illegal possession of the suit land. Hence the suit for possession filed by the plaintiffs.

(3.) The defendant took up the plea that he was Gair Marrusi prior to coming in force of H.P. Tenancy and Land Reforms Act and now he has become owner of the suit land. It was further pleaded that the revenue record wrongly shows the plaintiffs and other co-sharers as owners of the suit land. Defendant was Gair Marusi on payment of Galla Battai and has become owner by virtue of provisions of H.P. Tenancy and Land Reforms Act. It was denied that the defendant took forcible possession of the suit land in the month of November, 1990. 3. On the pleadings of the parties, the following issues were settled by the learned Trial Court:-