BHAGI RAM Vs. RAMESH CHAND

JUDGEMENT

(1.) By way of instant petition, petitioner has assailed order dtd. 8/8/2022, passed by learned District Judge, Kangra at Dharamshala in C.M.A. No. 09-D/XIV/2022, whereby order dtd. 21/4/2022, passed by learned Senior Civil Judge, Dharamshala in C.M.A. No. 363 of 2021, has been modified by partly accepting the appeal of the respondents herein.

(2.) Parties hereinafter shall be referred to by the same status as they hold before learned Trial Court. Petitioner is the plaintiff and respondents are the defendants.

(3.) Brief facts necessary for adjudication of the petition are that land measuring 0-34- 96 hectares comprised in old Khata No. 9, Khatauni No. 15, Khasra No. 268, vide jamabandi for the year 1971-72 was recorded in ownership of the plaintiff alongwith other co-owners and in possession of predecessor-in-interest of defendants namely Sh. Heeru as non-occupancy tenant. On coming into force of H.P. Tenancy and Land Reforms Act, 1972, plaintiff applied for resumption of land, out of old Khasra No. 268. The Land Reforms Officer allowed his resumption application to the extent of 0/4/34 hectares and such land is denoted by Khasra No. 432/268. Proprietary rights in rest of the land comprised in old Khasra No. 268 vested in the defendants and the same was described by Khasra Nos. 511/434/268 and 509/433/268. Mutations were accordingly attested and revenue records were updated.