SUBHASH KAUSHAL Vs. SURINDER SINGH

JUDGEMENT

(1.) This appeal has been preferred by the plaintiffs against the judgment and decree of the learned District Judge reversing the judgment and decree of the learned trial Court, decreeing the suit of the plaintiffs for declaration to the effect that they are in possession of land measuring 57 Kanals 15 Marlas as detailed in the suit. The plaintiffs instituted the suit, out of which this appeal arises, on the pleading that they are the owners in possession of the suit land and the defendants being sons and widow of late Chaudhary have no right, title or interest in the land. They claimed ownership and possession on the basis of tenancy of their predecessors-in-interest. The defendants denied this claim. It was pleaded that the land in suit was under the tenancy of Nandu, Roshan, Ram Singh and Smt. Duru widow of Gajjoo at the time when it was purchased by Chaudhary. His father Pohdu and Gajjoo were real brothers. Bakshi and others were going to sell their land to Punu Rajput of Marroh on which Nandu, Roshan and Ram Singh who were the tenants approached Chaudhary who was their cousin brother requesting him to purchase the land from Bakshi etc on the apprehension that in case it is sold to Punnu, or some stranger, they would face eviction. One of the conditions imposed for the sale was that Nandu, Roshan, Ram Singh and Smt. Duru tenants, at will, will relinquish their tenancy and hand over the possession of the land to the extent of 3/4th share so purchased to Chaudhary. This formed the basis of transaction and Chaudhary purchased the land and at that time, Nandu and others relinquished their tenancy and handed over the physical possession of land measuring 73 Kanals 16 Marlas situated in different places. However, possession of whole field numbers 2888/1 and 2886 was handed over and out of field No. 2880 land measuring about 52 Kanals comprised in four plots was also given by Nandu etc. tenants. One plot of field No. 2880 was occupied by Chaudhary measured about 30 Kanals in which defendants have constructed five pucca houses and one cowshed worth Rs. 3 lacs. At a later point of time, on 4.1.1966 Roshan Lal and Ram Singh sons of Gajjoo purchased 3/16 shares of the suit land measuring 18 Kanals 9 Marlas from Basanta son of Gobinda and Bairagi son of Lal for Rs. 800/- vide registered sale deed of the same date. They denied the possession and ownership of the plaintiffs. The plaintiff claimed that they became owners by purchase and they ceased to be tenants in the same khata.

(2.) On the pleadings of parties, five issues were settled as also issue Nos. 4, 4-A, 4-B, 4-C and 4-D. Issue No. 4-D was with respect to the jurisdiction of the Court to try the suit. The learned trial Court, on the pleadings and evidence, held that the proper procedure for change of entries in the revenue record has not been followed and in this event, it could not be said that it was the revenue authorities who have the exclusive jurisdiction to try the suit.

(3.) Issue Nos. 3 and 4 were vital to the decision of the entire suit. These issues involved the adjudication of two points; (a) whether late Shri Chaudhary was wrongly entered in the jamabandi for the year 1954-55 as owner in possession and (b) whether the plaintiffs continued as tenants and are still in possession of the suit land and never abandoned their possession. These issues were taken up together for decision by the learned trial Court. Referring to the oral and documentary evidence on record, the learned trial Court takes notice of Ext. P-1 which is a registered sale deed executed on 4.2.1966 whereby Chaudhary had sold land to the extent of 16/98 shares measuring 16 Kanals from Khata No. 1965 recorded in his ownership in the jamabandi for the year 1962-63. This sale was effected to Nandu, Roshan Lal and Ram Singh plaintiff Nos. 1 and 2 in the suit, for a consideration of Rs. 700/-. The sale deed recites that the purchasers are already owners in possession of the land. Ext. P-2 is a copy of registered sale deed dated 4.2.1966 whereby Basanta sold 3/16 share of his land measuring 18 Kanals 9 Marlas in Khata No. 65 according to jamabandi for the year 1962-63 to Roshan Lal and Ram Singh, plaintiffs for consideration of Rs. 800/- This sale deed also recites that the purchasers (plaintiffs) are owners in possession of this land.