KARJU Vs. RAM CHAND

JUDGEMENT

(1.) APPELLANTS, who are successors-in-interest of plaintiff (hereinafter referred to as the plaintiff) filed this Regular Second Appeal filed under Section 100 of the Code of Civil Procedure, 1908. Suit filed by plaintiff stands dismissed by the trial Court and findings affirmed by the lower Appellate Court.

(2.) IT is the plaintiff's case that the suit land is recorded in the ownership of plaintiff and defendants. Plaintiff's father Munshi Ram alongwith defendants were joint owners in possession of 68-3-19 Bighas of land. Munshi Ram was in possession of land to the extent of his half share and the possession of the remaining half share was with the defendants. Possession of land with the defendants was handed over by them to one Mohan as a tenant at will. The tenancy was created exclusively by Dhameshwar and others /predecessors (defendants) out of their own share. That the defendants' father Shri Devi Singh had bought the land to the extent of half share from Munshi Ram is not in dispute. By virtue of provision of H.P. Abolition of Big Landed Estates and Land Reforms Act, 1963 (hereinafter referred to Abolition Act), Mohan acquired proprietorship rights with respect to the land under his tenancy. Compensation Officer under the Abolition Act passed an order dated 3.4.1965 to this effect. Plaintiff continued to occupy and use the land to the extent of his share and in his possession to the exclusion of the defendants. Since defendants started interfering with the plaintiff's possession, consequently he filed the suit for declaration and injunction with the following prayers:-

(3.) BASED on the pleadings of the parties, trial Court framed the following issues:-