RAJ MAL Vs. PREMO WIFE OF SHRI TULSI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 02.01.2001, passed by the learned District Judge, Chamba Division, Chamba, H.P. in Civil Appeal No. 61 of 1999.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal, are that the respondent-plaintiff, namely, Smt. Premo Devi (hereinafter referred to as "the plaintiff" for the sake of convenience) has filed a suit against the appellants- defendants, namely, S/Sh. Saran, Paras Ram, Manohar Lal, Raj Mal, Hans Raj, Jiwan Singh, Surinder Kumar and Kram Chand (hereinafter referred to as "the defendants" for the sake of convenience), seeking a decree for declaration to the effect that sale deed dated 12.07.1996 executed by Sh. Saran, predecessor- in-interest of appellants No. 6(a) to 6(c) in favour of defendants, namely, S/Sh. Paras Ram, Manohar Lal, Raj Mal, Hans Raj, Jiwan Singh, Surinder Kumar and Karam Chand, was illegal and not binding upon the rights of the plaintiff as she has become owner of the suit land bearing Khasra No. 1414, measuring 0-15 bighas, Khata Khatauni No. 187/245, measuring 1-18 bighas, situated in Mauza Chowari Jarei, Pargna Chowari, Tehsil Bhatiyat, District Chamba, H.P., as per Jamabandi for the year 1990-91. According to the plaintiff, previously Mangat Ram was the owner in possession of Khata Khatauni No. 35/46 of Mohal Lanoh and 1/3rd share of Khata Khatauni No. 134/216 of Mohal Chowari Jarei, Tehsil Bhatiyat, Distt. Chamba, H.P. Shri Mangat Ram made a gift in favour of Shri Saran, S/o Jamitu in the year 1963 and on the basis of Rapat No. 27, mutation No. 439 regarding the suit land and mutation No. 64 regarding the property of Mohal Lanoh were entered in the name of Sh. Saran. According to the plaintiff, Shri Saran, after gift of the land, left for Tikka Sanoh, Mauza Niyar Sanoh, Tehsil Nurpur, District Kangra and thereafter settled at Tikka Sanoh and both the properties at village Lanoh and Chowari, Jarei, Tehsil Bhattiyat, District Chamba, H.P. remained in possession of Sh. Mangat Ram to the knowledge of Sh. Saran. It is further stated that the property of Mohal Lanoh was taken into possession by late Sh. Mangat Ram after the defendant No. 1 abandoned the same in the year 1964 and the same was thereafter entered in the name of Sh. Mangat Ram, deceased vide mutation No. 114, dated 18.06.1976 as owner. The suit land although recorded jointly in the name of co-owners, but the same was in fact partitioned by the owners and late Sh. Mangat Ram was in possession of Khasra No. 1414 and had constructed a cow-shed in the said Khasra number about 18 years ago. According to the plaintiff, Sh. Mangat Ram was in continuous, open and hostile possession of the suit land from the year 1964 when the defendant left for Tikka Sanoh.

(3.) REPLICATION was filed to the written statement. Learned Sub Judge 1st Class, Dalhousie, District Chamba, H.P. framed the issues on 17.10.1997. The suit was dismissed by the learned Sub Judge 1st Class, Dalhousie on 31st August, 1999. Plaintiff preferred an appeal before the learned District Judge. The same was allowed on 02.01.2001. Hence, this Regular Second Appeal.