PURAN CHAND Vs. HARI SINGH AND ORS.

JUDGEMENT

(1.) (Oral) - By the consent of the learned Counsel for the parties, the appeal is admitted and is disposed of.

(2.) The isole substantial question of law involved in the instant appeal is whether in the facts and circumstances of the instant case summarily dismissal of the first appeal by the District Judge was justified without notice to the Respondents.

(3.) Shortly stated, the facts are that the Appellant was the contesting Defendant in the trial Court. Respondents/Plaintiffs filed a suit seeking declaration to the effect that they are owners in possession of the suit land and as a consequential relief they prayed for issuance of permanent injunction restraining Defendant No. l from interfering into the land in dispute. The Defendant-Appellant resisted and contested the suit on the grounds inter-alia that he is the owner of the suit land by way of adverse possession. In addition, it was contended by him that the suit land was in possession of his fore-father as a tenant under the landowners and he has became owner of the same in accordance with Sec. 104 of the H.P. Tenancy and Land Reforms Act, 1972.