JASWANT SINGH Vs. SANT NIRANKARI MANDAL

JUDGEMENT

(1.) THE defendants, who are the appellants, before this Court have filed this Regular Second Appeal against the judgment and decree dated 16.04.2002 passed by learned District Judge, Una, in Civil Appeal No. 21 of 1997 whereby he reversed the judgment and decree dated 31.12.1996 passed by learned Sub Judge Ist Class, Court No. 2, Una, in Civil Suit No. 96 of 1989 and the suit of the plaintiff/respondent herein was decreed for the alternative relief of possession of the suit land on the basis of title.

(2.) THE plaintiff Dev Raj (since deceased) had filed a suit for declaration to the effect that he is owner in possession of the suit land measuring 1 Kanal 14 Marlas, bearing Khewat No. 622, Khatauni No. 849, Khasra Nos. 2947/474 (1 -4) and 2948/474 measuring 0 -10 Marlas and 0 -10 Marlas bearing Khewat No. 163 min, Khatauni No. 250, Khasra No. 475, total 2 Kanals 4 Marlas, situate in Village Arniala, Tehsil and District Una (hereinafter referred to as the suit land). It was averred that the entries in the names of the defendants as tenant -at -will in the column of cultivation of the suit land are wrong, incorrect, void unauthorized and ineffective and not binding on the rights of the plaintiff. It was also averred that the plaintiff Dev Raj was the brother -in -law (Sala) of the deceased defendant Amar Singh, who had appointed Amar Singh (defendants' father) as his General Power of Attorney vide registered General Power of Attorney dated 21.05.1942 to manage the property of the plaintiff and the said General Power of Attorney has not been cancelled so far. It was further pleaded that defendants' father Amar Singh being clever and influential person and with the connivance of the Patwari Halqua and revenue staff got changed the entries of suit land on his name in the column of cultivation as tenant -at -will and without any notice to the plaintiff. It was also alleged that the entries of the suit land in favour of the defendant as 'Kabiz' vide Misal No. 320/88 dated 07.11.1988 of Settlement Naib Tehsildar, Una, are illegal, unauthorized and the same are not binding on the plaintiff. The plaintiff had averred that if the defendant is found in possession of the suit land that is on behalf of plaintiff under the said General Power of Attorney deed. The plaintiff further alleged that the defendant under the garb of wrong entries started interfering in the peaceful possession of the plaintiff over the suit land and the plaintiff had come to know about these wrong entries about six months back. The plaintiff had prayed for permanent injunction as a consequential relief restraining the defendants from interfering in any manner in the peaceful possession of the plaintiff over the suit land and in the alternative for possession.

(3.) THE plaintiff filed replication and reiterated and reaffirmed the contents of the plaint and specifically pleaded that defendants' father was never inducted as tenant over the suit land.