AJAY KUMAR Vs. CHANCHALA DEVI

JUDGEMENT

(1.) This Regular Second Appeal by the Defendant is directed against the judgment and decree dated 11.1.2001 passed by the learned Additional District Judge, Kangra at Dharamshala, Camp at Una in Civil Appeal No. 81 of 1994 whereby he dismissed the appeal filed by the Appellants (hereinafter referred to as the 'Defendants) and confirmed the judgment and decree dated 29.4.1994 passed by the learned Sub Judge, 1st Class (I), Amb, District Una in Civil Suit No. 72 of 1986 decreeing the suit of the Plaintiffs.

(2.) Briefly stated the facts of the case are that the Plaintiffs filed a suit claiming that the suit land was earlier in possession of Chanan Devi who was a tenant at Will and after her death, the Plaintiffs had succeeded to her right of tenancy. It is alleged that the Defendants were threatening to interfere and take away the possession and, therefore, the suit for injunction and in the alternative for possession was filed by the Plaintiffs.

(3.) The Defendants contested the suit and according to the Defendants, neither the Plaintiffs nor Chanan Devi had ever been in possession of the suit land. According to the Defendants, the suit land was owned and possessed by Harnam Singh and after his death, it was succeeded to by his son Nathu Ram who vide agreement dated 16.10.1985 agreed to sell 6 marlas of land out of the suit land to Smt. Ram Dulari, wife of Defendant No. 2 and the possession of the same was handed over to her.