HEERA SINGH Vs. CHANGALI DEVI

JUDGEMENT

(1.) THE present Regular Second Appeal was admitted for hearing on the following substantial questions of law:-

(2.) PRECISELY the facts giving rise to the present appeal are that the plaintiff-appellant had filed a suit against the defendants-respondents for seeking declaration to the effect that he alongwith proforma defendants are owners in possessions of Khasra No.477, 1771 and a part of land comprised in Khasra No.1771, which was allotted in partition to the contesting defendants and the order of learned Assistant Collector Ist Grade Rampur to that extent is wrong and illegal. The plaintiff alleged that the land comprised in Khata No.86, Khatauni Nos.136 to 140 total 11 plots measuring 20 bighas 15 biswas, situated in Mauja Mashnoo, Tehsil Rampur, as per Jamabandi for the years 1972-73 was owned and possessed by Smt. Budhi widow of late Shri Sudhu alongwith defendants No.1 to

(3.) THE suit was contested by the defendants- respondents No.1 to 3. THEy raised the preliminary objections in the written statement regarding no cause of action and also questioned the locus-standi and jurisdiction of the Court, whereas on merits, they supported the correctness of the revenue entries and admitted that Man Sukh, father of the plaintiff had purchased one half share of Smt. Budhi, but denied that specific khasra numbers were ever sold or that the vendee was put in possession of the specific khasra numbers. THEy denied the possession of the plaintiff and the proforma defendants as alleged and also having committed any illegality by the settlement authorities. According to them, the settlement authorities after verifying the facts and making the measurement on the spot rightly assigned the new khasra numbers. Also denied the allotment of 'Nautor' to Rama Nand with respect to Khasra No.1160/206 and subsequently family partition, as alleged. Further the contesting defendants supported the order of the Assistant Collector Ist Grade.