JAGDISH SINGH Vs. GURDEV SINGH

JUDGEMENT

(1.) The present appeal has been preferred against the judgment and decree, passed by learned Additional District Judge, Una in Civil Appeal No. 44 of 2009, decided on 20/10/2010, whereby the learned First Appellate Court has affirmed the findings of the learned Civil Judge (Jr. Div.), Court No.2, Amb, District Una, in Civil Suit No. 196 of 2000 dtd. 28/4/2009.

(2.) The dispute between the parties is with regard to land bearing Khewat No. 273, Khatauni Nos. 671 and 672 Khasra Nos. 3126, 3342, 3345, 3127, 3343, 3344 and 3349, Kittas 7, total measuring 1/59/80 hectares as entered in the Jamabandi for the year 1994-95 situated in UP Mohal Ram Nagar (Nakroh), Tehsil-Amb, District Una, H.P.

(3.) The case of the appellants is that as per Missal Hakiyat Istemal for the year 1966-1967, the suit land was denoted by Khewat No.2 min, Khatauni No.31, Khasra Nos. 2453, 2458 and 2459. The land measured 41.19 Kanals. The same was owned and possessed by their predecessor-in-interest and the forefathers of the proforma respondents. The respondents, according to the appellants had nothing to do with the land in dispute. The predecessor-in-interest of the respondents, according to the appellants, had never been inducted as tenant(s) over suit land. There existed no relationship of landlord(s) and tenant (s) between the appellants, proforma respondents and the respondents or their ancestors. According to the appellants, one Sh. Jalha (predecessor-ininterest of the respondents) had in connivance with the Revenue Officers wrongly got his name incorporated in the revenue record as a non-occupancy tenant in/over the suit land. The further grievance of the appellants is that late Sh. Lachhman Dass (son of deceased Sh. Jalha) and Sh. Nanak Chand (respondent No.2) on the basis of wrong and illegal entries had got mutation No. 3166 dtd. 27/9/1983 sanctioned in their favour, whereby proprietary rights had been conferred on them.