JOGINDER SINGH Vs. THEBO DEVI & CONNECTED MATTER

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 23.12.2003, passed by the learned Additional District Judge, Mandi, H.P. in Civil Appeal No. 72 of 1998.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the predecessor -in -interest of the appellants/plaintiffs, namely, Sh. Dhanna Ram (hereinafter referred to as ˜the original plaintiff for the sake of convenience) has filed a Civil Suit in the Court of learned Sub Judge, 1st Class, Jogindernagar, District Mandi, H.P. bearing Civil Suit No. 02 of 1990 for declaration. The Civil Suit was dismissed by the learned Sub Judge, 1st Class, Jogindernagar, District Mandi, H.P. on 09.02.1993. The original plaintiff, Dhanna died during the pendency of Civil Suit No. 02 of 1990 and his legal representative were brought on record. The appellants -plaintiffs (hereinafter to be referred as ˜the plaintiffs for the sake of convenience) preferred an appeal bearing Civil Appeal No. 33 of 1993 before the learned District Judge, Mandi. Learned District Judge, Mandi, H.P. permitted the suit to be withdrawn vide order dated 17.0 1.1994 with liberty to institute a fresh suit in respect of the same cause of action, subject to costs of Rs.550/ -. Thereafter, Civil Suit No. 52 of 1994 was filed by the plaintiffs before the learned Sub Judge, 1st Class, Jogindernagar on 02.04.1994.

(3.) THE suit was contested by the defendant. He has denied that the suit land was ever owned and possessed by the plaintiffs father, namely, Dhanna Ram. According to him, the suit land was in his cultivatory possession exclusively as a tenant and he had been conferred with proprietary rights qua the suit land and, as such, the plaintiffs and proforma defendants have got no right, title or interest over the suit land. The plea of limitation was specifically taken.