LAWS(HPH)-2002-8-17

JOGINDER SINGH Vs. NAURATI DEVI

Decided On August 23, 2002
JOGINDER SINGH Appellant
V/S
NAURATI DEVI Respondents

JUDGEMENT

(1.) Having lost before the trial Court and the first Appellate Court, the Plaintiffs are in second appeal.

(2.) In order to appreciate the controversy, few facts may be noticed:

(3.) One Garibu was non-occupancy tenant along with his brOrs. , in respect of the land subject matter of dispute to the extent of 1/4th share, hereinafter referred to as the "suit land". According to the Plaintiffs, Garibu died in the year 1960. Mutation of inheritance was attested in favour of Naurati Devi, Defendant No. 1. Naurati Devi acquired proprietary rights on coming into force of the Himachal Pradesh Tenancy and Land Reforms Act. A mutation to this effect was attested in her favour on May 11, 1976. In the year 1990, Naurati Devi sold her share to Defendants No. 2 to 6 by a registered sale deed who thereafter became joint owners in possession to the extent of the share of Naurati Devi purchased by them alongwith other co-owners. The Plaintiffs filed the present suit on February, 1991.