SHAKTI CHAND AND OTHERS Vs. CHAMARU AND OTHERS

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10.11.2000, passed by learned Additional District Judge-II, Kangra at Dharamshala in Civil Misc. Appeal No. 16-P/96, whereby on reversal of the order dated 31.05.1996 passed by the learned Sub Judge (Senior Division), Kangra at Dharamshala in CMA No. 54/88, the appeal preferred by deceased defendant Chamaru has been allowed and the cross objections preferred by deceased plaintiffs Shakti Chand, Hem Singh and Joginder Singh, the predecessors-in-interest of the present appellants have been dismissed.

(2.) The record reveals that one Shri Rirku, the predecessor-in-interest of deceased defendant Chamaru was recorded as a tenant over the land in dispute measuring 64 Kanal-19 marlas, Khata No. 39, Khatauni Nos. 122, 121, 124, and 127 comprised of Khasra Nos. 502, 505, 517, 520, 105, 211, 501, 518min, 519, 129 and 216 Kita 11, situate in Tika Madhole, Mauja Baijnath, Distt. Kangra, as per jamabandi for the year 1960-61. S/Sh. Sohan Singh, Smt. Sheela Devi, Kashmir Singh, Rajinder Singh and Indira Kumari (plaintiffs) had initially filed a suit for possession thereof on the ground that said Rirku on 22.12.1964 voluntarily relinquished the tenancy and surrendered the possession of the same to them after harvest of 'Ravi' 1965. The suit was decreed on 30.08.1966. An appeal, registered as Civil Appeal No. 143/69, preferred by deceased defendant Chamaru, was accepted, vide judgment and decree dated 30.09.1969 by learned Additional District Judge Kangra at Dharamshala.

(3.) It is during the pendency of the appeal before learned Additional District Judge, Kangra at Dharamshala, the plaintiffs-decree holders aforesaid Shri Sohan Singh etc. obtained the possession of the suit land in execution proceedings. They further sold the same to S/Shri Shakti Chand, Hem Singh and Joginder Singh, the predecessors-ininterest of the present appellants.