SHER MANGAT RAM Vs. KRISHNA DEVI

JUDGEMENT

(1.) CHALLENGE herein is to the judgment and decree dated 8.12.2006, passed by learned Additional District Judge, Fast Track Court, Una, in Civil Appeal No. 85/2K RBT No. 111/04/2000, whereby the appeal preferred against the judgment and decree passed by learned Senior Sub Judge, Una, in case No. 106/92 on 23.10.2000, decreeing thereby the suit for declaration preferred by the respondents, hereinafter referred to as the plaintiffs, has been affirmed and the appeal dismissed. The parties to the suit are real brothers. The bone of contention is a piece of land entered in Khewat No. 96 min, Khatauni No. 165/90, bearing Khasra No. 1579 (new), measuring 1050 -85 hectares, situate in Up Mahal, Malahat, Nagar Mahal, Una. Admittedly, the suit land was in possession of Mando, their predecessor -in -interest, in the capacity of non -occupancy tenant. Its Khasra number was 116 and area 4 -0 bighas. Jamabandi for the year 1960 -61 Ext. P1 can be pressed into service in this behalf. After the death of Mando, the same came to be recorded in possession of the appellant, hereinafter referred to as the defendant. It is so reflected in the jamabandi Ext. P -2 for the year 1970 -71. Similar entries came to be recorded in Jamabandis for the years 1978 -79, 1979 -80 and Misal Hakiat Bando Basti for the year 1988 -89 Exts. P3 to P5, respectively.

(2.) THE defendant on entering appearance has contested the suit. He has raised preliminary objections qua maintainability of suit, the same being bad for join -joinder of necessary parties, estoppel and that the civil Court has no jurisdiction to entertain and try the suit under Section 57 of the Consolidation of Holdings Act and also the H.P. Tenancy and Land Reforms Act.

(3.) IN replication, the plaintiffs have denied the preliminary objections being wrong and on merits reiterated their case as set out in the plaint.