RUP CHAND Vs. DAULATU

JUDGEMENT

(1.) This is a Regular Second Appeal under pre-amended S. 100, C.P.C. Challenging the decree and judgment dated 14-6-1979 of Additional District Judge, Mandi at Kullu, whereby the decree and judgment dated 13-12-1976 of Sub Judge, Kullu, was set aside and the suit of the appellant-plaintiff, Sh. Pekhu was decreed.

(2.) Sh. Pekhu had filed a civil suit against the respondents-defendants Sh. Rup Chand and others for declaration that he was owner in possession of the field comprised in Khasra No. 114 and had a right of way to the said field through Khasra Nos. 1153, 1157, 1142 and 1141 through the spots A B C as shown in the map field along with the suit. Sh. Rup Chand resisted the suit claiming himself owner in possession of Khasra No. 1140. S/Sh. Niloo and Moti and Smt. Sawanri from whom Sh. Rup Chand had allegedly purchased the land comprised in Khasra No. 1141 filed a joint written statement supporting the claim of Sh. Pekhu. The trial court dismissed the suit holding that Sh. Pekhu had failed to prove his ownership on Khasra No. 1140 as well as his right to way as claimed by him. In appeal by Sh. Pekhu, the Additional District Judge, Mandi at Kullu, reversed the findings of the trial court and decreed the suit.

(3.) Sh. Moti Ram died during the pend-ency of the first appeal and his legal representatives are proforma respondents Nos. 4 and 5. Sh. Pekhu had died during the pendency of the appeal in this Court and his legal repre-sentative Smt. Daultu has been brought on record.