DHIAN SINGH Vs. KHALVINDER KUMAR JOHLI AND ORS.

JUDGEMENT

(1.) The Defendant has come in appeal against judgment, decree dated 17.5.2000 passed by learned Addl. District Judge, Solan Camp at Nalagarh in Civil Appeal No. 34 -NL/13 of 1999, reversing judgment, decree dated 30.6.1999 passed by learned Sub Judge,Nalagarh in Civil Suit No. 264/1 of 1994.

(2.) The facts in brief are that Ram Saran had filed a suit for declaration with consequential relief of permanent injunction on the grounds that he is owner in possession of land comprised in khasra Nos. 485, 487, 490 and 492, khewat/khatauni No. 37/40, situate at village Jhiran, Pargana Nalagarh Desh, Tehsil Nalagarh, District Solan vide jamabandi for the year 1993 -94. The judgment, decree dated 24.12.1991 passed by learned sub Judge Ist Class, Nalagarh on 24.12.1991 in case No. 213/1 of 1988 is illegal, null and void, no nest, inoperative with consequential relief of permanent prohibitory injunction restraining the Appellant from interfering in the suit land.

(3.) The further case of Ram Saran was that Hari Chand son of Shankar Dass was his father, he was resident of village Asola, Tehsil Chakwal, Distt Jhelum ( Pakistan). He was holding property in Pakistan. He migrated to India in the riots of 1947. He was given land measuring 9 bighas 4 biswas comprised in khasra Nos. 871/673, 674, 677, 678, 680, 681 and 682, khewat/khatauni No. 33/38, situate at village Jhiran, Pargana Nalagarh, Distt Solan by Government of India in lieu of the land which was left by him in Pakistan. Hari Chand was having three sons, Plaintiff Ram Saran, Krishan Chand and Tejbhan. Hari Chand had died in the year 1960 leaving behind Ram Saran and his two brothers. Ram Saran was in service in Indian Railways and retired in the year 1971. Krishan Chand died. He was bachelor and Tejbhan died leaving behind no wife and children. Thus, Ram Saran became the sole owner of the suit land as he was the only legal heir of Hari Chand.