LAWS(HPH)-2010-11-181

NIRMAL SINGH Vs. HIRA SINGH AND ORS.

Decided On November 11, 2010
NIRMAL SINGH Appellant
V/S
Hira Singh And Ors. Respondents

JUDGEMENT

(1.) THE Plaintiff has come in appeal against judgment, decree dated 6.12.1999 passed by learned District Judge, Mandi in Civil Appeal No. 78 of 1995 passed by learned Sub Judge 1st Class (I), Mandi in Civil Suit No. 91 of 1992.

(2.) THE facts, in brief, are that the Appellant had filed a suit for declaration and confirmation of possession that land comprised in Khasra Nos. 2 and 165, Kittas 2, measuring 15 -4 -11 bighas Muhal Chhatru/218, Illaqua Balh, Tehsil Sadar, District Mandi was previously recorded in the ownership of Inder Singh predecessor -in -interest of Respondents No. 1 to 5 and was under the possession of Sewak, Sobha, Tara, Govind, Smt. Badamu, Nirmal, Hukam Chand as tenants. The proforma Respondents are the legal representatives of Tara, Govind and Smt. Badamu.

(3.) THE suit was contested by Respondents No. 1 to 5 and they took preliminary objections of limitation, jurisdiction. They supported the order dated 24.2.1977. It has been pleaded that mutation has also been attested in pursuance to order of the Land Reforms Officer. The possession was delivered by the tenants and the replying Respondents are in possession of the suit land. The Appellant has no right or title in the suit land. The prayer was made for dismissal of the suit. The Appellant filed replication and reiterated his stand.