HIMA Vs. LEELA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against judgment, decree dated 27.4.2001 passed by learned District Judge, Mandi in Civil Appeal No. 76 of 1997, affirming judgment, decree dated 26.4.1997 passed by learned Sub Judge Ist Class, Court No.1, Mandi in Civil Suit No.141 of 1992. The parties in this judgment are referred as plaintiff and defendants.

(2.) The facts in brief are that plaintiff had filed a suit for declaration, injunction and for confirmation of joint possession against defendants regarding land measuring 28-5-9 bighas, situate at Mauja Otta, Illaqua Balh, more specifically described in the plaint.

(3.) The pleaded case of the plaintiff is that suit land is recorded in the joint ownership of Dhian Singh to the extent of one share, Jagat Singh to the extent of seven shares, Rattan Singh to the extent of one share and one Smt. Ghungli to the extent of three shares, which entry showing Rattan Singh owner to the extent of 7/12 share is wrong and illegal. The entry in khatauni No.12 bearing khasra Nos. 49, 62, 77, 106, 207, kitas 5, measuring 5-7-3 bighas showing Dhian Singh, Jagat Singh and Rattan Singh as nonoccupancy tenants under Smt. Ghungli is also wrong and illegal.