KALA DEVI Vs. SAT PALS

JUDGEMENT

(1.) This is a regular second appeal filed by the appellant/defendants under Section 100 of the Code of Civil Procedure, against the judgment and decree passed by the learned District Judge, Una, dated 24.6.1999, vide which he affirmed the judgment and decree passed by the learned Senior Sub-Judge, Una, dated 4.9.1993, vide which the learned trial Court had decreed the suit of the respondent/plaintiffs.

(2.) Briefly stated the facts of the case are that Baldev Raj, the predecessor-in-interest of the respondents, filed a suit for permanent injunction as against Siri Ram and Telu Ram, the predecessor-in-interest of the appellants. It was alleged by the plaintiff that the land in suit measuring 4 kanal and 7 marla, as detailed in the plaint, was coming in possession of the plaintiff alongwith Rama as tenant on will, on payment of rent under the owners since long. It was further alleged that on coming into force of H.P. Tenancy and Land Reforms Act, the plaintiff and heirs of Rama became its owner on the appointed day i.e. 3.10.1975. It was alleged that the defendants are threatening to take possession of the suit land from the plaintiff. Hence the suit for permanent injunction filed by the plaintiff.

(3.) Defendants No. 1 and 2 took up preliminary objections in regard to the locus standi, maintainability and cause of action. On merits, they pleaded that the plaintiff is not in possession of the suit land and the revenue entries were wrong, which have been corrected by the Land Reforms Officer, Una vide his order, dated 28.3.1990. They also pleaded that on the basis of wrong entries, a mutation under Section 104 of the H.P. Tenancy and Land Reforms Act was entered in favour of the plaintiff but the same was rejected by the Assistant Collector 1st Grade on 9.2.1984 on the statement of the plaintiff that he was never in possession of the suit land. The defendants pleaded that they are in possession of the suit land as owners and are cultivating the suit land and as such the suit is liable to be dismissed.