SURESH CHAND Vs. GURDAS RAM

JUDGEMENT

(1.) This regular second appeal at the instance of the Defendants have been preferred against the judgment and decree dated 27.4.1994 of the learned Additional District Judge, Una, reversing the judgment and decree dated 30.11.1989 of the learned Sub-Judge 1st Class (II), Una.

(2.) Respondents No. 1 to 8, hereinafter referred to as the Plaintiffs filed a suit for declaration to the effect that they are the owners and in possession of the land measuring 12 kanals comprised in khewat No. 283 min. Khatoni No. 508 min and khasra Nos. 20/8 and 20/9 of village Jakhera, Tehsil and District Una, (specifically described in the plaint and herein after referred to as the land in dispute) and that the entries showing the Defendants to be in possession thereof as owners are wrong and not binding on the rights of the Plaintiffs. By way of a consequential relief, permanent injunction was sought for restraining the Defendants from interfering with the possession of the Plaintiffs over the land in dispute. In the alternative, the Plaintiffs prayed for possession in the event, they were not found to be in possession thereof.

(3.) The case set up by the Plaintiffs is that they and their predecessor in interest have been coming in possession of the land in dispute as non-occupancy tenants and have become the owners thereof by operation of law on the coming into force of the H.P. Tenancy and Land Reforms Act. The Defendants, who are strong and influenced persons, in connivance with the revenue field staff have got themselves recorded as in possession of the land in dispute and on the basis of such wrong entries in their favour, they have started interfering with the possession of the Plaintiffs.