MAUSI RAM Vs. AMAR NATH

JUDGEMENT

(1.) This Regular Second Appeal by the Plaintiff is directed against the judgment and decree dated 27.9.1999 delivered by learned District Judge, Chamba in Civil Appeal No. 53 of 1998 whereby he dismissed the appeal of the Appellants and confirmed the judgment and decree dated 13.5.1998 passed by learned Senior Sub Judge, Chamba dismissing the suit of the Plaintiff.

(2.) Briefly stated the facts of the case are that the Plaintiff filed a suit that he is owner in possession of the suit land measuring 1-8 bighas and comprised in khasra Nos. 372, 374 and 1168 corresponding to earlier khasra numbers 1, 12, 9, 125, 225, 244, 246, 255, 277, 294 and 219. According to the Plaintiff this land was coming in the possession of the grand father Sh. Udara and after the death of Udara, Sh. Sali Ram father of the Plaintiff was in possession. The Plaintiff further averred that he had come to know about wrong entries in the revenue papers in the month of June, 1992 and thereafter he knocked the doors of justice but the Plaintiff's suit was dismissed on 5.3.1994 without knowledge and consent of the Plaintiff. The Plaintiff being an illiterate villager, rustic and old person did not know how his suit had been dismissed and came to know about this fact only after obtaining certified copy of the order dated 5.3.1994 and thereafter he filed the fresh suit on 4.10.1994.

(3.) In the written statement, it was denied that the Plaintiff or his grand father were ever owners in possession of the suit land. It was specifically averred that the Plaintiff had nothing to do with the suit land. One of the defences taken was that since the earlier suit of the Plaintiff had been dismissed the second suit was not maintainable.