UTTAM CHAND Vs. VAKIL SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 12.1.2012 rendered by the learned Additional District Judge -II, Kangra at Dharmshala in Civil Appeal (RBT) No.88 -K/ 11/2007.

(2.) MATERIAL facts necessary for the adjudication of this Regular Second Appeal are that respondents -plaintiffs (hereinafter referred to as ˜plaintiffs for convenience sake) filed a suit on the ground that they were owners in possession of land bearing Khata No. 43 min, Khatauni No. 49 min, Khasra Nos.92, 158 kita 2 area measuring 0 - 23 -38 hectares and Khata No.45 min, Khatauni No. 51 min, Khasra Nos. 157, 187 and 188 kita 3 measuring 0 - 48 -03 hectares situated at Mohal Makrehar Mauza Pargor, Sub Tehsil Harchakkian, Tehsil and District Kangra, H.P. as per copy of jamabandi for the year 1994 -95 Ex.P - 1. According to the plaintiffs, the consolidation took place in village Makrehar. The Consolidation Officer recorded the path as shown in red ink through the suit land in Ex.P -3, as per the scheme prepared by the consolidation authorities. The plaintiffs were in possession of the suit land and the defendant was having no right, title or interest except the path shown in red ink. Appellant - defendant (hereinafter referred to as ˜defendant for convenience sake) filed a revision before the Director Consolidation for increasing the width of path. The same was allowed by the Additional Director Consolidation vide Ex.P -4 on 5.1.2000. He remanded the matter to the Settlement Officer. Settlement Officer (Consolidation), Hamirpur vide order 6.7.2000 Ex.P -5 ordered to record the path in Khasra No.92/1 measuring 0 -00 -56 hectares and Khasra No. 157/2 measuring 0 -00 -68. According to the plaintiffs, this order was illegal. They also contended that there was alternative path passing through Khasra No.99. The plaintiffs have filed the suit for declaration that the order of Additional Director (Consolidation) dated 5.1.2000 and order dated 6.7.2000 passed by the Settlement Officer (Consolidation), Hamirpur were null and void. The plaintiffs have also prayed for consequential relief of permanent prohibitory injunction.

(3.) THE replication was filed by the plaintiff. The issues were framed by the learned trial court on 15.1.2002. The Civil Judge (Junior Division) -II, Kangra decreed the suit on 30.12.2006 whereby the orders of Additional Director of Consolidation dated 5.1.2000 Ex.P ­4 and Settlement Officer (Consolidation) dated 6.7.2000 Annexure P -5 were set aside. It was further declared that the plaintiffs were exclusive owners in possession of the land comprised in Khata No. 43 min, Khatauni No. 49 min, Khasra No. 92 situated at Mohal Makrehar, Mauza Pargod, Sub Tehsil Harchakian, Tehsil and District Kangra alongwith land in Khata No. 45 min, Khatauni No. 51 min, Khasra No. 157. The defendants were also restrained from interfering in the suit land in any manner. The defendants preferred an appeal before the Additional District Judge -II, Kangra at Dharamshala. He dismissed the same on 12.1.2012. Hence, the present Regular Second Appeal.