CHAIN SINGH Vs. KOOD SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 28.5.2010 rendered by the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala in Civil Appeal No. 41 -I/XIII/08.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that the Respondents -Plaintiffs (hereinafter referred to as 'Plaintiffs ' for convenience sake) filed a suit seeking declaration that they are owners in possession over the suit land comprising Khata No. 4 min, Khatauni No. 12, Khasra No. 15 and 16, plots -2 measuring 0 -08 -13 H.M. situated in Mohal Naluwan, Mauza Malahri, Tehsil Indora, District Kangra according to Jamabandi for the year 1995 -96 and they are entitled to remain in possession as owners in future also and the revenue entries showing the Appellants -Defendants (hereinafter referred to as 'Defendants ' for convenience sake) as 'non -occupancy tenant ' were against the law and facts and also against the principle of natural justice and the same were not binding on the Plaintiffs with consequential relief of permanent prohibitory injunction restraining the Defendants from interfering in the suit land.

(3.) THE learned trial court framed issues on 22.9.2004. The trial court decreed the suit on 12.2.2008. Plaintiffs were held entitled to the effect that they were owners of the suit land detailed in the plaint and the revenue entries showing the Defendants as 'non -occupancy tenants ' were illegal and were liable to be corrected and the Plaintiffs were held entitled to possession of the suit land against the Defendants with consequential relief of permanent prohibitory injunction restraining them from proclaiming to have any right on the basis of revenue entries or cutting and removing the trees over the suit land. Defendants preferred an appeal before the learned Additional District Judge, Fast Track Court, Kangra at Dharamshala. The same was dismissed on 28.5.2010. Hence, the present Regular Second Appeal.