MALKIAT SINGH Vs. HARDIAL SINGH

JUDGEMENT

(1.) This Regular Second Appeal under section 100 of the Code of Civil Procedure against the judgment dated 15 -9 1985, of the learned District Judge Una, was admitted on the question "whether bar under section 112 of the H. P, Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the Act) does not apply to the proceedings under Chapter 9 relating to the acquisition of the proprietary rights by the occupancy tenants. Another question pertain to the effect of section 101 of the Act was also one of the questions whether it bars the jurisdiction of the Civil Courts" as is evident from the order dated 10th November, 1982, passed by this Court. It was also directed to be heard alongwith R. S. A. No. 147 of 1982, Chet Ram and others v Ganga Ram and others Thus the only substantial question of law pertains to the above said limited question.

(2.) The bone of contention in between the parties is the land measuring 10 Kanals contained in Khata Khatoni No. 320/1367 Khasra Nos. 3114 and 3115 as per entries in the Jamabandi for the year 1976 -77 situate in village Gagret, Tehsil and District Una, (hereinafter shortly referred to as the suit land).

(3.) The defendants are the appellants and the plaintiff is respondent. The plaintiff filed a suit for declaration that he is owner in possession of the suit property and consequently and permanent injunction restraining the defendants from interfering into his peaceful possession of the suit land and consequential relief thereto.