DISTRICT COLLECTOR KANGRA Vs. DHARAM SINGH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned District Judge, Kangra at Dharamshala on 8.1.2010 in Civil Appeal No.59-1/XIII-2008.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the respondent/plaintiff (hereinafter referred to as "the plaintiff" for convenience sake) instituted a suit seeking declaration that he was owner in possession of the suit land as detailed in the plaint, situate in Tikka and Mauza Barota, Tehsil Indora, District Kangra, H.P., per Jamabandi for the year 1998-99, as per Will executed by deceased Khushi Ram son of Koudu Ram in his favour on 10.4.1996 and the appellant/defendant (hereinafter referred to as "the defendant" for convenience sake) has no right, title or interest over the suit land and also that mutation No.431, attested on 16.7.2001 regarding the estate of Khushi Ram in favour of defendant was illegal, null and void and deserves to be rectified, with a consequential relief of permanent injunction restraining the defendant from claiming any right, title or interest in the suit land.

(3.) THE appeal was admitted by this Court on 31.8.2010 on the following substantial question of law:-