CHETAN DEV Vs. HANSU

JUDGEMENT

(1.) This appeal has been directed against the judgment, decree dated 7.7.1997 passed by the learned District Judge, Kangra at Dharamshala in Civil Appeal No. 127-N/XIII- 1995 reversing the judgment, decree dated 10.5.1995 passed by the learned Sub Judge 1st Class, Court No.II, Nurpur, in Civil Suit No. 255 of 1992.

(2.) The brief facts of the case are that Chetan Dev appellant and Krishan Dev proforma respondent No.2 had filed a suit for possession against respondent No.1 regarding land comprised in Khata No. 64 min, Khatauni No. 197, Khasra No. 1136 measuring 0-06-02 HM situated in Tika and Mauza Thakardwara, Tehsil Indora, District Kangra vide jamabandi 1989-90. It was their case that they were owners in possession of the suit land but in the settlement 1981-82 in connivance with the settlement staff, respondent No.1 got himself recorded as Kabiz. In December 1987 respondent No.1 took illegal possession of the suit land and the status of respondent No.1 on the suit land is of trespasser. The respondent No.1 refused to admit the claim of the appellant and proforma respondent No.2, therefore, the suit was filed.

(3.) The suit was contested by respondent No.1 by filing written statement and he took preliminary objections of maintainability and locus-standi. On merits, respondent No.1 pleaded his tenancy on the suit land. It was denied that the appellant and proforma respondent No.2 were dispossessed in the year 1987. It was pleaded that possession of respondent No.1 on the suit land is continuing from 1970. It was pleaded that respondent No.1 has become owner after coming into force of H.P. Tenancy and Land Reforms Act. In replication, the stand taken in plaint was re-asserted.