NAGESH Vs. GODAWARI

JUDGEMENT

(1.) This petition by the judgment debtor is directed against the order dated 20.5.2010 passed by the learned Civil Judge (Senior Division), Bilaspur in case No. 12/10 of 2005 rejecting the objections filed by the Petitioner.

(2.) Briefly stated the facts of the case are that S/Sh. Devi Roop, Sham Lal and Dharam Pal were the original Plaintiffs in the Civil suit in which Jai Kishan, Roshan Lal, Sant Ram and Jagata were the contesting Defendants. In this suit, the Plaintiffs claimed to be in possession as non-occupancy tenants on some portion of the suit land and non-occupancy tenants alongwith proforma Defendants on another parcel of land. They challenged the change in the revenue entries in respect of a portion of the suit land measuring 41 bighas in which the Defendants No. 1 to 4 were shown to be in possession of the same. The suit was contested by the Defendants on various grounds including the ground of jurisdiction. According to the Defendants, they are owners in possession of the suit land and, therefore, the question of Plaintiffs being the tenants thereon did not arise. The suit was decreed by the learned Trial Court after trial on 29.6.1990 and a decree for declaration was passed that the Plaintiffs are in possession of the suit land as owners in respect of their shares and as tenants qua the shares of other co-sharers including 41 bighas of land which is subject matter of the present petition. It was further held that the revenue entries showing the land to be in the ownership and possession of the Defendants No. 1 to 4 are wrong and illegal.

(3.) It would be pertinent to mention that the learned Trial Court held that the revenue entries were changed in favour of the contesting Defendants in the year 1984-85 without following the procedure prescribed under law and, therefore, they were totally illegal.