SHANKAR DASS Vs. KAPAI DEVI

JUDGEMENT

(1.) THE predecessor-in-interest of the appellants, namely Chinti, was plaintiff and she filed a suit for declaration, permanent prohibitory injunction and in alternative for possession of land, more specifically described in the plaint. THE suit was filed against the predecessor-in-interest of the respondents. THE suit was dismissed on 24.1.1986 by the learned Sub Judge Ist Class, Hamirpur. THE appeal filed by the predecessor-in-interest of the appellants was dismissed by the learned District Judge, Hamirpur on 29.1.2000. THE original plaintiff and defendant have died and their legal representatives have been brought on record. In this judgement, the parties are referred to as the plaintiff and defendant.

(2.) THE facts in brief are that plaintiff had filed a suit for declaration, permanent prohibitory injunction and in alternative for possession of the land described in the plaint. It was the case of the plaintiff that she was tenant on the suit land and later on she became owner. THE defendant had filed an application for correction of khasra girdawari before the Assistant Collector, 2nd Grade, Hamirpur and was threatening to interfere in possession of the plaintiff, therefore, suit was filed.

(3.) THE case of the plaintiff is that she was tenant on the suit land, earlier her husband Sunder was tenant on the suit land and after his death she inherited tenancy of Sunder alongwith his co- widow Kalan. It was also the case of the plaintiff that she later on purchased the suit land from owner PW 3 Mohar Singh. THE plaintiff while appearing in the witness box as PW 2 has stated that Shibu her first husband was tenant on the suit, after him Sunder became tenant on the suit land which was owned by Mohar Singh. Shibu died about 30 years ago and after the death of Shibu, she married with Sunder, who continued to cultivate the land. Sunder had another wife Kalan. After the death of Sunder, the land in dispute was mutated in her favour as well as in favour of Kalan. She has also stated that Kalan had sold her share to Tikhu defendant. She has also stated that she later on purchased the suit land from Mohar Singh.