JATI RAM AND ORS. Vs. PARTAP SINGH

JUDGEMENT

(1.) The defendants are in second appeal against judgment, decree dated 16.5.2002 passed by learned District Judge, Sirmaur, District at Nahanj in Civil Appeal No. 44-CA/13 of 2001, affirming judgment, decree dated 10.1.2001 passed by learned Senior Sub Judge, Sirmaur, District at Nahan in Civil Suit No. 184/1 of 2000.

(2.) The brief facts of the case are that respondent had filed a suit for permanent prohibitory injunction against the defendants regarding land comprised in Khasra No. 1282/1131/18/2, measuring 5 bighas situate in village Lana Cheta, Tehsil Renuka Ji, District Sirmaur, H.P. It has been alleged that on 1.6.1979 mutation No. 427 was sanctioned in favour of Nihal Singh, father of the respondent and after the death of Nihal Singh, the respondent is coming in peaceful physical possession of the suit land.

(3.) Balak Ram and Surtu filed a complaint against the father of respondent for cancellation of patta which was allowed and the patta was cancelled after the death of Nihal Singh. The respondent was minor, he was not aware of this. He had filed a review petition before Sub Divisional Collector, Nahan. The possession of the suit land remained with the respondent to the knowledge of State Government. It has been stated that the suit land has been made cultivable by respondent by spending huge amount. The appellants have no right, title or interest over the suit land. In the first week of April, 2000, the appellants threatened to interfere in the possession of the respondent with a view to raise construction. In these circumstances, the suit was filed.