SUBHASH CHAND Vs. SATYA DEVI, WIDOWOF LATE

JUDGEMENT

(1.) By way of instant petition, petitioner has challenged order dtd. 14/11/2019 passed by learned Civil Judge, Court No. IV, Shimla, in case No. 72-1/2018, whereby an application of the petitioner for framing of additional issues was rejected.

(2.) Petitioner, who is plaintiff before the learned Trial Court, has filed above noted suit with following prayers: -

(3.) The petitioner has filed the suit on the premise that the suit land was owned by his father late Sh. Rakha Ram, who had died on 26/5/1959. During life time of Rakha Ram, suit land was recorded in his ownership and possession. However, during preparation of jamabandi for the year 1961-62, one Bhadru was wrongly shown in possession of suit land as "Gair Maurusi". Petitioner has alleged that the entries made in revenue records in the name of Bhadru as non-occupancy tenants were illegal as it did not have any backing of a lawful order by a competent authority. The wrong revenue entries continued and on coming into force H.P. Tenancy and Land Reforms Act, 1972, Bhadru was shown to have acquired proprietary rights qua the suit land. It has further been pleaded by the petitioner that notwithstanding the entries so made in favour of Bhadru and on his death, his successors Balbir Singh, and therefore, the present respondents, petitioner continued to exercise rights of ownership and possession over the suit property till December, 2011 when Balbir Singh, predecessor-in-interest of respondents herein, forcibly dispossessed the petitioner from the suit land on the basis of wrong entries. Initially, the petitioner is stated to have taken recourse to revenue authorities but his contention was rejected on the ground that due to long lapse of time revenue entries could not be ordered to be corrected.