BHIM SINGH AND ORS. Vs. FAZALA AND ANR.

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, dated 30.9.2000, passed by the learned District Judge, Una, H.P., whereby the judgment and decree of the court of learned Sub Judge Ist Class, Court No. II, Una in Civil Suit No. 105 of 1991, dated 27.6.1995, was affirmed.

(2.) BRIEFLY stated the facts of the case are that Respondent No. 1, hereinafter referred to as the Plaintiff, filed a suit for possession of land measuring 17 marlas comprised in Khasra Nos. 6900/757 old, new Khasra No. 862, as detailed in the plaint, against the Appellant/Defendants. It was alleged by the Plaintiff that he has been coming in possession of the suit land as a tenant on payment of Chakota and has become owner by virtue of operation of H.P. Tenancy and Land Reforms Act and mutation No. 4987 regarding conferment of ownership rights has also been sanctioned in his favour on 26.8.1988. He alleged that he continued as tenant regarding the share of Lachmi Devi and Chindo Devi. The Defendants allegedly took forcible possession of the suit land two years ago and constructed a room and also laid foundation and as such the Defendants are trespassers. Hence the suit filed by the Plaintiff.

(3.) ON the pleadings of the parties, the following issues were framed by the learned trial Court: