SANT RAM Vs. DEEP RAM

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 27.10.2007, passed by the learned Additional District Judge, Shimla in Civil Appeal No. 97-S/13 of 2005

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the respondent-plaintiff, Kirpa Ram had instituted a suit for declaration and also for permanent prohibitory injunction with the averments that he and proforma defendants were owners in possession qua land of their ancestors, comprised in Khasra No. 934/31, measuring 8-12 bighas, situated in Chack Lakhawati, as per jamabandi for the year 1990-91. During the settlement operation, in the year 1997-98, the staff of Revenue Department, in collusion with the appellant-defendant (hereinafter referred to as 'the defendant') divided the aforesaid Khasra No. 934/31 into two parts by denoting two separate Khasra numbers, i.e., Khasra No. 500, measuring 0-48-14 hectares and old Khasra No. 934/31 min, which was shown in revenue record of rights in the jamabandi in the ownership and possession of plaintiff and proforma defendants and separate Khasra number was shown as 499 in the ownership of plaintiff and proforma defendants, but in the column of possession, it has been recorded in the possession of defendant Shri Sant Ram. The defendant, on the strength of these entries, were trying to dislodge the plaintiff from the aforesaid land by use of criminal force.

(3.) NOTICE was issued to the respondents on 11.01.2008. The Regular Second Appeal was admitted on the following substantial questions of law on 05.12.2008: