BALDEV SINGH Vs. STATE OF H.P

JUDGEMENT

(1.) Heard.

(2.) By way of instant Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, appellants have assailed the judgment and decree dtd. 23/4/2022 passed by learned Additional District Judge-II, Kangra at Dharamshala, District Kangra, H.P. in Civil Appeal RBT No. 19-J/XIII/20121/2018, whereby the judgment and decree dtd. 30/11/2017 passed by learned Civil Judge (Junior Division), Jawali in Civil Suit No. 261 of 2011 has been affirmed. 2. The appellants were the plaintiffs before the learned trial Court. Suit was filed by them against respondents/defendants seeking relief of declaration to the effect that they were owners in possession of the suit land as their predecessor-in-interest Shri Kihru was non occupancy tenant on the suit land under respondent No.1. Plaintiffs claimed acquisition of title over the suit land under the provisions of Himachal Pradesh Tenancy and Land Reforms Act, 1972. The contrary revenue entries were also challenged seeking direction for correction of such entries. In alternative, relief of permanent prohibitory injunction was also prayed.

(3.) Defendants had contested the claim of the plaintiffs by specifically denying the status of the plaintiffs or their predecessor-in-interest as tenant over the suit land or consequential acquisition of title under the H.P. Tenancy and Land Reforms Act, 1972. Revenue entries favouring plaintiffs were termed as wrong being stray entries. Their correction during settlement was justified being in accordance with the factual position existing on the spot.