CHANDAN SINGH Vs. KANSHU

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant under Section 100 of the CPC against the judgment and decree, dated 5.6.2000, passed by the learned District Judge, Sirmour District at Nahan, vide which the judgment and decree passed by the learned Sub Judge, Court No.II, Paonta Sahib, dated 15.12.1999, decreeing the suit for permanent prohibitory injunction, as filed by the plaintiffs, and dismissing the counter claim filed by the defendants, was affirmed.

(2.) Briefly stated, the facts of the case are that the respondents, hereinafter referred to as the plaintiffs, filed a suit for permanent injunction in regard to the land detailed in the plaint measuring 62-12 bighas situated in Village Manal, Tehsil Shillai, on the ground that they are owners in possession of the land in suit. They alleged that the defendants (present appellants) interfered in the suit land on 11.6.1994 and tried to take forcible possession without any right, title or interest, hence the suit for permanent injunction filed by them.

(3.) Defendants took up the plea that the predecessors-in-interest of the parties were non-occupancy tenants over the land measuring 109-17 bighas and the land measuring 18-2 bighas is entered in jamabandi for the Samwat 2003-2004 to 1962-63 in equal share. It was further pleaded that they are cultivating the land equally to the extent of 1/2 share each and the plaintiffs are in possession only 46 bighas of land out of the suit land. The defendants also claimed to be in possession of 19-3 bighas of land out of the suit land as per the family settlement/private partition and they pleaded that the revenue entries to the contrary are wrong and illegal. Defendants also set up a counter claim that they are owners in possession of the land in suit to the extent of 1/2 share and as such are entitled to a declaratory decree.