KHALIL MOHAMMED Vs. HANIF BHATTI

JUDGEMENT

(1.) This appeal has been directed against judgment, decree dated 6.10.1994 passed by learned District Judge, Bilaspur in Civil Appeal No. 36 of 1987 setting-aside judgment, decree dated 5.6.1986 passed by learned Sub Judge 1st Class, Ghumarwin in case No. 96/1 of 1982. The parties in the judgment are referred as plaintiffs and defendants.

(2.) The facts, in brief, are that Sain Ditta and Smt. Niamtu had filed a suit for declaration and permanent prohibitory injunction, in the alternative for possession in the event of dispossession of plaintiffs during the pendency of the suit. Alla Ditta, Beli Mohammad, Jalal Deen, Kasham Deen, Sher Mohammad, Mohammad Gori and Sharif Mohammad were defendants in the suit. Sain Ditta died during the pendency of the suit and his legal representatives Nizamu Deen and Sahabu Deen were brought on record.

(3.) The further case of the plaintiffs in the plaint was that they were entered as non-occupancy tenants over the land more 2/3rd share specifically detailed in the plaint to the extent of alongwith defendant No.1 Alla Ditta and Badra, the predecessor-in- title of defendants No. 2 to 7, who had 1/3rd share. According to the plaintiffs they had acquired proprietary rights on 2/3rd share of the suit land by virtue of the order dated 30.12.1968 of the Compensation Officer and thus they became owners of the suit land to the extent of 2/3rd share. It has also been alleged that on the basis of the order dated 24.7.1967 of the Compensation Officer and mutationproprietary rights of entire suit land, it appears, were conferred on defendants ignoring the plaintiffs. In these circumstances, the suit was filed.