PARSINO DEVI Vs. THUNIA AND ORS.

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Kangra at Dharamshala in civil Appeal No. 39 -N/XIII of 2004, dated 1.1.2005.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the Respondents/Plaintiffs (hereinafter referred to as 'the Plaintiffs' for brevity sake) have filed a suit to the effect that they are co -sharers in the suit land comprised in Khata No. 33 min, Khatauni No. 42 and Khasra Nos. 89 and 91, measuring 0 -01 -74 Hectares, situate in Mohal Gatla, Mauza Kukher Khawara, Tehsil Nurpur, District Kangra. It was alleged that the suit land was never given to the Appellant/Defendant (hereinafter referred to as 'the Defendant' for convenience sake) nor was she ever inducted as tenant. Her possession over the suit land was illegal and unauthorized from October, 1993. The Defendant without their knowledge and consent got herself recorded as Kabiz over the suit land. The Plaintiffs were cultivating the suit land.

(3.) THIS regular second appeal was admitted by this Court on 20.9.2005. The following order was passed by the learned Single Judge on 20.9.2005: