JAGDEV SINGH Vs. SMT. BHAGWANTI AND OTHERS

JUDGEMENT

(1.) By means of this Regular Second Appeal filed under Sec. 100 CPC, the appellant (herein- after referred to as the defendant) lays challenge to the judgement dated 8.1.1999 passed by the learned Additional District Judge (1), Kangra at Dharamshala, Camp at Una in Civil Appeal No. 154 of 1992 whereby he allowed the appeal of the plaintiffs and set-aside the judgement and decree dated 15.9.1992 delivered by the learned Sub Judge 1st Class, Amb dismissing the suit of the plaintiffs and consequently passed a decree in favour of the plaintiffs declaring them to be owners in possession of the suit land and further held that the entries showing the defendants in possession of the suit land are null and void.

(2.) Briefly stated the facts of the case are that the plaintiffs filed a suit claiming that they along with proforma respondents No. 5 to 9 and prior to them their predecessors-in-interest were in possession of the suit land as tenant on payment of rent and that they have become owners of the suit land by virtue of the provisions of the H.P. Tenancy and Land Reforms Act. According to the plaintiffs, they never relinquished their tenancy rights and continue to be in possession of the same. The learned trial Court on consideration of the oral and documentary evidence held that the plaintiffs are neither owners of the suit land nor in possession of the same and therefore, dismissed the suit. The plaintiffs filed an appeal and the learned lower Appellate Court allowed the appeal and held that the plaintiffs were tenants of the suit land and had never relinquished the tenancy and therefore, declared them to be owners in possession of the suit land.

(3.) One of the defendants filed the present appeal, which was admitted on a number of questions of law. However, on consideration of the entire case, I am of the view that the only question which arises are: