BHAGIRATH Vs. LEKH RAM

JUDGEMENT

(1.) The appellants were defendants 1,4 in the suit and they are aggrieved by judgment dated 25.8.2003 passed by learned District Judge, Hamirpur in Civil Appeal No.180 of 1998, affirming judgment, decree dated 22.9.1998 passed by learned Sub Judge Ist Class(1), Hamirpur in C.S. No.184 of 1989.

(2.) The facts in brief are that respondents No.1 to 7 had filed a suit for possession against appellants and other respondents on the grounds that the old khasra numbers of the suit land were 959 and 960, measuring 28 kanals 11 marlas and after consolidation new khasra numbers have been given to the suit land. Sadhu the predecessor-in-interest of respondent No.8 was non- occupancy tenant to the extent of 1/4th share in suit land, Shambu the predecessor-in-interest of respondents No.1 to 7 to the extent of 1/4th share and Sihnu to the extent of share. The share of Sihnu also came to Shambu and then Shambu became tenant on the suit land to the extent of 3/4th share. The revenue entries failed to show the correct position and the proprietary rights could not be conferred on respondents No.1 to 7

(3.) It is also the case of the respondents No.1 to 7 that their predecessor Shambu had died in the year 1967, his tenancy rights in the suit land were succeeded by Lokha, Jagat Ram, Shankar Dass and Taika who remained in possession as non-occupancy tenants upto the consolidation of holdings which took place in the year 1987-88. On account of wrong entries, respondents No.1 to 7 were allotted less land to the extent of 8 kanals 5 marlas and defendants were allotted excess share without any right, title and interest. The defendants were requested to concede the rights of respondents No.1 to 7, they failed to concede rights of respondents No.1 to 7 over the suit land, therefore, suit for possession was filed.