CHET RAM Vs. JAI DEI & OTHERS

JUDGEMENT

(1.) This Regular Second Appeal by the plaintiff was admitted on the following substantial question of law:

(2.) Briefly stated, the facts of the case are that the plaintiff, Hari Dass, filed a suit claiming that he is in possession of the suit land measuring 12 bighas as a tenant and the factum of his tenancy was recorded in the jamabandi for the year 1988-89 and by 1 Whether the reporters of local papers may be allowed to see the Judgment Yes. virtue of the Tenancy Law, he has become owner of the same. According to him, the defendants, including defendant No. 1, Chet Ram, had no right, title or interest in the suit land, but were trying to interfere in his possession.

(3.) Defendants No. 4 and 5, who were the widow and daughter of Jiwanoo, admitted the claim of the plaintiff. Defendant No.1, Chet Ram, however, contested the suit. According to him, Dhunder and Jiwanoo were real brothers, who owned 12 bighas of land and Dhunder had gifted his share in the suit land measuring 6 bighas to Chet Ram. Plaintiff, Hari Dass, was interested in purchasing the share of Dhunder. He got annoyed when Dhunder gifted his share to Chet Ram and, thereafter, got a false entry recorded in his name. It was alleged that this entry was got recorded illegally in the year 1985. It was also alleged that the change in the revenue record, whereby Hari Dass was shown to be a tenant on the suit land, was made without any authorization and by an authority not competent to make such a change in the revenue record and as such, was illegal and without any authority. A counter claim was filed and it was prayed that a decree of declaration be passed that defendants are owners in possession of the suit land and the orders whereby entry showing the plaintiff to be a tenant were wrong and it was further prayed that the plaintiff be restrained from interfering in the possession of the defendants. In the alternative, relief of possession was prayed for.