LAWS(HPH)-2021-7-86

SUKH RAM Vs. DISTRICT COLLECTOR SIRMOUR

Decided On July 29, 2021
SUKH RAM Appellant
V/S
District Collector Sirmour Respondents

JUDGEMENT

(1.) The appellants' (for short "the plaintiffs") instituted Civil Suit No. 127/1 of 2014, before the learned Civil Judge, Nahan, District Sirmaur, H.P. Through, the afore Civil Suit, the plaintiffs prayed for the making of a declaratory decree, that the name their father is Manga Ram, and, not Sobha Ram. Further more, they pray for, the, making of a declaratory decree, that the apposite records as maintained in the Panchayat, as well as, in the Schools concerned be corrected accordingly.

(2.) However, defendant No.1/respondent No.1, in its written-statement instituted to the suit, contended that the plaintiffs were born from the loins of one Sobha Ram, and, from the womb of Mehandi Devi. Defendant No.1/Respondent No.1 supported the afore contention, on anvil of a Pariwar Register maintained with the Panchayat concerned. Moreover, the corrections as made in the relevant records, and, theirs disclosing that the plaintiffs are sons of Manga Ram, are contended to be fictitiously made, hence only for the plaintiffs being untenably bestowed with the post retiral and other government benefits arising from the demise of one Manga Ram.

(3.) The learned trial Court on consideration of oral as well as documentary evidence, as, adduced before it, made a conclusion, that the afore strived declaratory relief, was not amenable for being granted to the plaintiffs, and, consequently the learned trial Court non-suited the plaintiffs.