KAMALA DEVI Vs. SAVITRI DEVI

JUDGEMENT

(1.) THE defendants have assailed judgment, decree dated 07.03.2001 passed by Additional District Judge (I), Kangra at Dharamshala, Camp at Una, in Civil Appeal No. 51/1994, affirming judgment, decree dated 25.03.1994 passed by Sub Judge Ist Class, Court No. II, Una, in Civil Suit No. 78/1987. The original plaintiff and defendant have died, their legal representatives have been brought on record in the judgment. The parties in the judgment are referred as plaintiff and defendant.

(2.) THE brief facts are that Kedar Nath filed a suit against Ram Kishan, defendant, for declaration to the effect that he is owner in possession of land measuring 2 kanals 10 marlas, situated in Village Takhatpur, more specifically described in the plaint. The entries in the name of defendant as non -occupancy tenant are wrong. The consequential relief of permanent prohibitory injunction has been prayed. It has been alleged that land measuring 5 kanals detailed in Para No.1 of the plaint was jointly owned and possessed by the plaintiff along with his brother Surinder Kumar in equal share. In the year 1981, in partition between plaintiff and his brother Surinder, suit land fell to the share of plaintiff, mutation No. 1459 was sanctioned to this effect.

(3.) THE further case of the plaintiff is that previous co -owner Surinder, brother of plaintiff, had filed a suit for declaration of land which fell to his share out of 5 kanals joint land against defendant Ram Kishan and in that suit Ram Kishan admitted that he was never inducted as tenant nor he was in possession of the suit land. On the basis of wrong revenue entries, defendant tried to interfere in the possession of the plaintiff over the suit land, hence a suit.