SHAMSHER SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) This appeal has been directed against the judgment, decree dated 16.9.1999 passed by learned District Judge, Una in Civil Appeal No. 215 of 1989 affirming the judgement and decree dated 31.10.1989 of dismissal of suit passed by learned Senior Sub Judge, Una in Civil Suit No. 298 of 1986 but modifying the judgment, decree dated 31.10.1989 directing the return of plaint on the ground that civil Court has no jurisdiction to try the suit.

(2.) The necessary facts are that the appellants had filed a suit for declaration that they are owners in possession of land described in the plaint, entries of possession as tenants in the revenue papers in the names of respondents No. 1 to 4 are wrong, illegal, null and void and subsequently the mutation No. 1266 dated 15.6.1981 conferring ownership rights to them with respect to the suit land on the basis of said wrong entries is also wrong, illegal, null and void and ineffective as against the rights of the appellants. The order dated 14.10.1976 passed by Naib Tehsildar, Una in case No. 1021/NT changing the cultivation column showing the respondents No. 1 to 4 as tenants is wrong, illegal and not binding on the appellants. The consequential relief of permanent injunction was also prayed in the plaint, in the alternative, decree for possession.

(3.) The suit was contested by respondents No. 1 to 4 by filing joint written statement in which they have taken the preliminary objections of maintainability, cause of action, locus standi and estoppel. On merits, they have denied that the appellants are owners in possession of the suit land. It has been alleged that respondents No. 1 to 4 are tenants on the suit land and they have become owners thereof under H.P. Tenancy and Land Reforms Act. The mutation of conferment of proprietary rights has also been legally and validly sanctioned In their favour. The respondents No. 1 to 4 have denied the rest of the case of the appellants.