MEHAR SINGH Vs. BILWA MANGAL

JUDGEMENT

(1.) This order will dispose of these two revision petitions as both arise out of similar orders made by the learned Sub Judge-(II), Dharamshala on 5th March, 2002.

(2.) It appears, Bilwa Mangal, Plaintiff in both the cases, filed a suit for declaration to the effect that Plaintiff after the death of his mother was owner in possession of the suit property (in both the cases) and the entry of tenancy in favour of the Defendant Parshotam Chand in Civil Suit No. 135/98 and Mehar Singh in Civil Suit No. 342/99/98 was wrong, illegal, unauthorised and a paper entry. Prayer for injunction restraining the Defendant from interfering in the peaceful possession of the Plaintiff was also made. According to the Plaintiff, Defendant was never inducted as tenant over the suit property. Defendant has no right, title or interest in the property. The land was earlier mortgaged which was redeemed by the Plaintiff and possession was delivered by a 'Rapat Rojnamcha' to the predecessor of the Plaintiff on 18th September, 1992. In alternative, a prayer was made that if due to some legal or factual defect Plaintiff was not found to be in possession, then a decree for possession of the land may be passed in his favour.

(3.) Defendant in his written statement took a stand that he was in possession of the suit property since the time of his father and tenancy was created by the owner/mortgagor prior to the creation of the mortgage and therefore, there was no question of Plaintiff being owner in possession of the suit property and Defendant having been dispossessed. At the most symbolic possession was delivered to the owner of the property.