DEVINDER KUMAR Vs. KABUL SINGH

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 7.4.2004 rendered by the District Judge, Una in Civil Appeal No. 77 of 2001.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondent -plaintiff filed a suit to the effect that the land measuring 0 -45 -32 hectares comprised in Khewat No. 239, Khatauni No. 452 and 453 and at present Khasra Nos. 415, 612, 451 and 451/1 situated in village Ambota, Tehsil Amb, District Una is owned and possessed by the plaintiff and change of the revenue entries in the name of defendants as owners and in the name of Ram Lok, predecessor -in -interest of defendants No. 3 to 17, of the land measuring 0 -20 -86 hectares comprised in Khewat No. 452 and Khasra Nos. 415, 451/1 and 612 as well as the order of the Land Reforms Officer, Amb dated 14.1.1976 Ex.D -2 were absolutely wrong, false, frivolous, baseless, illegal and without following proper procedure and jurisdiction and null and void with a decree for permanent injunction restraining the defendants from interfering in any manner whatsoever, raising any construction and cutting and removing any trees from the suit land. Kalu Ram son of Gokal was in possession of 11 kanals 15 marlas of land, which corresponding to the suit land as non -occupancy tenant under Ram Lok, who was predecessor -in -interest of defendants No. 3 to 17 on payment of rent. Kalu Ram became owner of the land when H.P. Tenancy and Land Reforms Act came into force. During settlement operation new Khasra Nos. 451, 451/1 and 415 were carved out from old Khasra No. 4399 and new Khasra No. 612 was carved out from old Khasra No. 4428. Kalu Ram died in the year 1978. He was succeeded by his widow Janki Devi. She died in the year 1990. The plaintiff succeeded to the estate of Janki on the basis of registered "will" dated 22.1.1986. Thereafter, mutation was also sanctioned in favour of the plaintiff. Defendants during the course of consolidation in connivance with the revenue staff got changed the entries of the land measuring 0 -20 -86 hectares comprised in Khasra No. 415, 451/1 and 612 in their names as owners as well as in the name of Ram Lok. The plaintiff or his predecessor never relinquished their possession over the entire land nor were they ejected from the suit land. No proper procedure has been followed before making such entries nor was any opportunity given to Kalu Ram, predecessor -in -interest of the plaintiff.

(3.) REPLICATION was filed by the plaintiff. The trial court framed issues. The trial court decreed the suit on 14.9.2001. Defendant No. 2, namely, Devinder Kumar filed an appeal against the judgment and decree dated 14.9.2001 before the District Judge, Una. He dismissed the appeal on 7.4.2004. Hence, the present Regular Second Appeal. It was admitted on the following substantial question of law: