THELU Vs. LAKHANU & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree passed by the learned Addl. District Judge, (Fast Track Court), Chamba, dated 30.11.2011, passed in Civil Appeal No. 18 of 2010.

(2.) Key facts, necessary for the adjudication of this regular second appeal are that the respondent-plaintiff (hereinafter referred to as the plaintiff, for the convenience sake), has filed a suit for declaration, possession and permanent prohibitory injunction against the appellants-defendants as well as the proforma defendants (hereinafter referred to as the defendants for the convenience sake).

(3.) The plaintiff is deaf and dumb by birth. She was under the guardianship of Punnu Ram after the death of her father Bali Ram. Punu Ram after the death of Bali Ram was looking after her. He was maintaining her. The interest of the next friend was not adverse in any manner. The father of the plaintiff was ownerin- possession of the suit land, as detailed in the plaint. Sh. Bali Ram expired leaving behind plaintiff as sole legal heir, being daughter of the deceased. Gangu was real Uncle of the plaintiff, who in connivance with the revenue officials, got mutation No. 153 dated 19.10.1980, sanctioned and attested in his favour at the back of the plaintiff. The plaintiff was minor. She was never served. After the death of Gangu, mutation No. 212 dated 13.2.1990 was sanctioned and attested in favour of the contesting defendants. She being the sole legal heir of deceased Bali Ram was owner in possession of the suit land. The contesting defendants forcibly in the month of May, 2000, took the possession of the suit land except Khasra Nos. 76 & 80. She obtained the revenue papers in the month of June, 2000 only then she came to know for the first time that the suit land has been mutated in favour of the contesting defendants. She was in peaceful possession of the suit land comprised in Kh. Nos. 76 & 80 as owner being heir of deceased Bali Ram. The defendants on the basis of the revenue entry took the forcible possession of land measuring 13.4. bighas out of the entire land of 18.18 bighas situated at Mauza Dalla and cultivated maize crop.