GHANOTU RAM Vs. LACHHAMI SINGH

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 30.03.2002 passed by learned Additional District Judge, Sirmaur District at Nahan, in Civil Appeal No.64-N/13 of 2001, whereby he reversed the judgment and decree dated 08.08.2001 passed by learned Sub Judge, Rajgarh, District Sirmaur, in Civil Suit No. 33/1 of 2000.

(2.) The brief facts of the case are that respondents (hereinafter referred to as the plaintiffs) had filed a suit against the appellants (hereinafter referred to as the defendant) with respect to land comprised in Khata-Khatauni No.49min/98, Khasra No.386/302, measuring 2-19 bighas, situated in mauza Kanog Dhandharel, Pargana Giripar, Tehsil Rajgarh, District Sirmaur, H.P. ( hereinafter referred to as the suit land). The case of the plaintiffs was that they were owners in possession of the suit land while the defendant had no right, title or interest therein and had been threatening to interfere in the suit land.

(3.) The defendant contested the suit by filing the suit and denied the stand of the plaintiffs that the defendant had no right, title or interest in the suit land. The defendant stated that he was a tenant on the suit land for the last more than 30 years from the time of his predecessors on payment of Rs. 20/- per annum. The defendant had already filed proceedings before the Assistant Collector Ist Grade, Rajgarh on 22.01.2000 for correction of the revenue entries which were pending before him. The defendant during demarcation carried out by Kanungo on 11.01.2000 came to know about the revenue entries of the suit land in favour of the plaintiffs and, in these circumstances, filed proceedings before the Assistant Collector Ist Grade, Rajgarh. Accordingly, he prayed for dismissal of the suit.