GIAN CHAND Vs. KESHAV

JUDGEMENT

(1.) THE present appeal against the judgment and decree, dated 7th April, 1999, of learned District Judge, was admitted on the following substantial question of law: Whether the courts below have mis -read and mis -interpreted the documentary as well as oral evidence resulting in gross mis -carriage of justice? -

(2.) BY the aforesaid judgment and decree dated 7thApril, 1999, learned District Judge dismissed the appeal against the judgment and decree dated 17th December, 1997 of learned Sub Judge 1st Class, Chamba, whereby plaintiffs suit for declaration, with alternative relief of possession, was dismissed.

(3.) DEFENDANTS contested the suit. They claimed that defendant No.1 Keshav had been inducted as tenant on the suit land by Hardei some 15 -16 years prior to her death and that ever since he had been in possession as tenant and was paying rent, in kind, by sharing the produce of the land with said Hardei, to the extent of 1/4th.