SOMA DEVI Vs. RATTAN CHAND

JUDGEMENT

(1.) This appeal was admitted on 13.7.1989 on the following substantial question of law. "1. Can the latest entries in revenue records be still presumed to be correct under the provisions of the H.P. Lad Revenue Act, when there is a conflict between earlier entries and latter entries and here is no material on record produced by the party placing reliance on the latter entries to show as to how the change occurred in the revenue records -

(2.) Admitted facts of this case are as under : - One Shri Ram Sahal was occupancy tenant of the land which is subject matter of the suit out of which this appeal has arisen. He had two wives, namely, Mori and Nihatu, Mori was the plaintiff who had filed the suit against Rattan hand, Nanak Chand and Twarsu. They are the sons of Durga. This Durga was son in law of Ram Sahai and Nihatu as their daughter Basanti was married to him. Present appellant and defendants No.l to 3 are real sister and brothers. Appellant who claims to have been adopted by plaintiff Mori was ordered to be substituted in her place, on her application under order 22 rules 3 and 9 read with section 151 C.P.c. and Section 5 of the Limitation Act, vide order dated 1.11.200L

(3.) Further case of the plaintiff as set up was that Smt. Nihatu had since died and she had executed a will in favour of sons of Durga i.e. respondents No. 1 to