KHUSHI RAM Vs. ROSHNI DEVI

JUDGEMENT

(1.) This regular second appeal by Defendants is directed against the judgment and decree dated 23.3.1999 of learned District Judge, whereby, dismissing their appeal, judgment and decree dated 23.11.1994 of learned trial Court, have been affirmed.

(2.) Respondent-Plaintiff filed a suit for declaration that he was owner in possession of land measuring 255 square meters, bearing Khasra Nos. 325 and 327, situate in mauza Jassai, Tehsil Baroh, District, Kangra and that order of Assistant Collector 2nd Grade Baroh, dated 17.7.1984, Ex. D-5, correcting entry in Jamabandi, thereby showing Appellant-Defendant as owner in possession of the suit land, was wrong, illegal and without jurisdiction and not binding on his right and title. It was pleaded that initially, Defendant-Appellant was recorded as owner of the suit land, but in the column of possession, Plaintiff was shown as tenant. It was stated that tenancy was created long back and ever since, Plaintiff had been in possession. Further, it was stated that by virtue of Section 104 of the H.P. Tenancy and Land Reforms Act, 1972, Respondent-Plaintiff had become owner of the suit land on and with effect from the appointed day, i.e. 3.10.1975.

(3.) Suit was contested by the Appellants-Defendants, who pleaded that they had never created any tenancy in favour of the Plaintiff and that possession was with them and they had made an application to the Assistant Collector 2nd Grade, Baroh, for correcting entry showing Respondent-Plaintiff in possession as tenant.