SARWAN Vs. BHAVTU

JUDGEMENT

(1.) THE Plaintiff has filed second appeal against the judgment,decree dated 01.12.1998 passed by learned District Judge, Bilaspur, in Civil Appeal No. 34 of 1991 affirming judgment, decree dated 05.03.1991 passed by learned Sub Judge Ist Class, Ghumarwin, in case No. 129/1 of 1987.

(2.) THE facts, in brief, are that Appellant had filed a suit for declaration that he is owner in possession of the suit land, more specifically, described in the plaint to the extent of 1/4 share and the Respondents be restrained from interfering in his peaceful possession. It has been alleged that his father Ghurkan and uncles Lehnu, Dalipu and Kirpa were non -occupancy tenants of the suit land under Ram Singh and , later on, under his sons Onkar Singh and Kartar Singh. The revenue entries and mutation No. 136 dated 25.11.1967 are wrong and not binding on him. The prayer for permanent prohibitory injunction was also made.

(3.) ON the pleadings of the parties, following issues were framed: