PAWAN KUMAR AND ANR. Vs. SHEELA AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 30.7.1997 of learned Additional District (I), Kangra at Dharamsala, whereby dismissing the appeal of the appellant defendant, decree dated 16.8.1996 of the trial Court has been upheld and affirmed.

(2.) RESPONDENTS 1 to 6 (hereinafter called 'plaintiffs') filed a suit for declaration that they were owners in possession of suit land, described in the plaint, as also in the judgments of the two Courts below, but the defendant -appellant Prem Chand, in connivance and collusion with the settlement staff, had got himself recorded as mortgagee, in respect of a part of the suit land and as claimant -vendee in respect of rest of the suit land, during the latest settlement and on the strength of those entries, was threatening to interfere with their possession. Therefore, in addition to seeking a declaration of their title, they prayed for issuance of permanent prohibitory injunction, restraining the appellant -defendant from interfering with their possession and also for mandatory injunction, directing the revenue officials to correct the entries.

(3.) APPEAL was admitted on the following substantial questions of law: