GIRDHARI LAL Vs. SUKHDEV

JUDGEMENT

(1.) Name of defendant No. 2 was recorded as nonoccupancy tenant over the suit land on payment of 'Chakota' of Rs. 0.47 per kanal per year in revenue records w.e.f. 1968. In a suit filed by the plaintiff/land owner on 08.12.1995, inter alia, these revenue entries were challenged. Defendant No. 2 pleaded that the entries were incorporated in the revenue record on the basis of spot position, after the orders were passed in this regard by the competent authorities in accordance with law and that after coming into force of the H.P. Tenancy and Land Reforms Act, she had become owner of the land in question. Learned trial Court decreed the suit on 27.04.2006. The decree was reversed by the learned first appellate Court on 15.10.2008 and suit was dismissed. Aggrieved, plaintiff has filed this second appeal.

(2.) Facts

(3.) Aggrieved by the dismissal of his suit by the learned first appellate Court, the appellant/plaintiff has invoked the provisions of Section 100 of the Code of Civil Procedure. This regular second appeal was admitted on 02.03.2009 on the following questions of law :-