CHHATTAR SINGH Vs. PREM DASS

JUDGEMENT

(1.) Defendants-appellants are aggrieved by the judgment and decree dated 3rd April, 1998 of learned first Appellate Court (Court of District Judge), whereby accepting the appeal against judgment and decree dated 16th November, 1996 of learned trial Court, by which the suit of the plaintiff-respondent had been dismissed, the suit has been decreed and a decree for permanent prohibitory injunction, restraining the defendants-appellants from interfering in the possession of the plaintiff-respondent over suit land, has been passed.

(2.) Plaintiff-respondent Prem Dass filed a suit for declaration that he was owner in possession of land measuring 13 bighas 5 biswas, bearing Khasra Nos. 116/95, 96,97 and 118/98, situate in village Cheola Bakanag, Tehsil Pachhad, District Sirmour, hereinafter referred to as suit land, and also for permanent prohibitory injunction, restraining the defendants-appellants from interfering with his possession over the suit land, on the strength of the wrong entries in the revenue papers. It was pleaded that late Smt. Gauri Devi used to be the owner of the suit land. She sold the same to the plaintiff, for a consideration of Rs. 500/-, by an oral sale, in the year 1968. She showed the suit land to the plaintiff on the spot and agreed to get the mutation entered and attested in his favour. Lateron, she got the mutation entered and attested, sometime in the year 1968, which was subsequently reviewed and cancelled, because the same was in respect of some land other than the land sold. Gauri Devi died after some time and her estate was mutated in favour of the defendants-appellants, on the strength of a will set up by them.

(3.) Suit was contested by the defendantsappellants, who denied that the suit land had ever been sold by Gauri Devi to the plaintiff-respondent or that he had ever been in possession of any part of the suit land. Some preliminary issues were also raised.