MOHAN SINGH Vs. TULSI RAM

JUDGEMENT

(1.) By way of instant appeal, appellants have assailed judgment and decree dtd. 23/9/2006, passed by learned Additional District Judge-II, Kangra at Dharmshala, in Civil Appeal No. 104 of 1999, whereby the judgment and decree dtd. 7/9/1999, passed by Sub Judge, Kangra in Civil Suit No. 67 of 1992, was affirmed.

(2.) Parties hereafter shall be referred to by their names, as find mention in the memorandum of parties in the civil suit filed before learned trial Court.

(3.) Brief facts for adjudication of the appeal are that Tulsi Ram filed a suit for decree of possession in respect of suit land, which was described as land comprised in khata No. 124 min, khatauni No. 233, khasra No. 1385, measuring 7 square meters, situated at Mohal Tehsil Chowk, Tehsil and District Kangra, H.P. (hereafter referred to as the suit land). The facts averred in the plaint were that the plaintiff was a perpetual tenant over the suit land on payment of rent at the rate of Rs.40.00 per month. The tenancy was claimed by plaintiff under Fateh Singh by virtue of agreement dtd. 21/12/1981. The plaintiff claimed himself to have remained in possession of suit land till December, 1991, whereafter, he alleged his illegal and forcible dispossession at the hands of defendants. It was submitted that the plaintiff had a structure standing over the suit land, having value of more than Rs.20,000.00, which was also demolished by defendants by exercising force. As per plaintiff, defendant Bangali Ram had also instituted a suit for possession by demolition of structure against the plaintiff in respect of the suit land, but during the pendency of the said suit, Tulsi Ram was forcibly dispossessed and thereafter his suit was withdrawn by Bangali Ram on 5/12/1991.