SAIRU RAM Vs. PREM CHAND

JUDGEMENT

(1.) The present second appeal at the instance of the defendant has been directed against the judgment and decree dated 13.10.2003 of the learned District Judge, Kangra at Dharmsala, setting aside the judgment and decree dated 19.1.2002 of the learned Sub Judge 1st Class, Baijnath.

(2.) The parties are real brothers. The subject matter of the dispute between them is the land measuring 0 -10 -23 Hects. comprising of Khata No.212, Khatauni No. 396 and Khasra Nos. 1108 and 1109 of Mohal Dhared, Mauza Road, Tehsil Baijnath, District Kangra (hereinafter referred to as the land in dispute).

(3.) The respondents, hereinafter referred to as the plaintiffs, filed a suit for declaration that the parties are co -owners and in joint possession of the land in dispute having succeeded to the same after the death of their father Dhani Ram. It was averred that the defendant during the course of settlement operations in connivance with the revenue field staff behind the back of the plaintiffs wrongly got himself recorded as in possession of the land in dispute as non -occupancy tenant. On the basis of such wrong revenue entries the defendant had also obtained the proprietary rights qua the whole of the land in dispute. It was further averred that the defendant on the basis of the wrong revenue entries has started interfering with the denying the ownership and possession of the plaintiffs. It was thus claimed that the wrong revenue entries and mutation No. 259 dated 27.2.1969 conferring proprietary rights on the defendant has no effect on the rights and title of the plaintiffs being illegal, wrong, null and void. As a consequential relief, injunction was claimed for restraining the defendant from interfering with the ownership and possession of the plaintiffs qua the land in dispute.