SAVITRI DEVI Vs. JAMNI

JUDGEMENT

(1.) These are the two regular second appeals filed by the appellants under Section 100 of the CPC against the common judgment and decree, dated 7.8.1999, passed by the learned Additional District Judge, Solan, H.P., vide which, the judgments and decrees passed by the learned Senior Sub Judge, Solan, dated 30.3.1998, were affirmed, whereby suit bearing No.292/1 of 1983 filed by Hari Dass was dismissed and civil suit No.21/1 of 1984 filed by Jamni was decreed and the plaintiff was held entitled for the relief of possession and injunction.

(2.) Briefly stated, the facts of civil suit No.292/1 of 1983, titled Hari Dass versus Jamni, are that a suit for permanent injunction was filed by the plaintiff Hari Dass, hereinafter referred to as the plaintiff, against the original defendant Jamni. It was alleged by the plaintiff that he is in possession of the land comprised in Khasra Nos.322, 324, 478 and 450, situated at Village Gharssi Brahamana. It was alleged that the possession of the plaintiff over the suit land is peaceful, uninterrupted and is in the capacity of non-occupancy tenant. The status of the defendant was alleged to be as a landlord being owner of the land in question. It was further alleged that the defendant is threatening to oust the plaintiff from the suit land, hence the suit for permanent injunction filed by the plaintiff.

(3.) Defendant Jamni took up the plea that she had also filed a suit for injunction against the present plaintiff regarding the same property. She denied that the plaintiff was in possession of the suit property as non- occupancy tenant. It was pleaded that the plaintiff was never inducted as a tenant by the defendant or her predecessor-in-interest and wrong entries were got effected unauthorizedly by the plaintiff for which a civil suit had been filed.