KAUSHALYA DEVI Vs. SITO DEVI

JUDGEMENT

(1.) This Regular Second Appeal under Section 100 of the Code of Procedure has been preferred by the plaintiffs/appellants against judgment and decree dated 28.2.2001 passed by learned Addl. District Judge, Una in Civil Appeal No.110/2000/95 whereby he reversed the judgment and decree dated 19.12.1994 passed by learned Sub Judge Ist Class, Una in Case No.122/1989.

(2.) The suit was originally filed by Smt. Parsini Devi, the predecessor-in-interest of the present appellants for declaration to the effect that she was in possession of the land measuring 7 kanals 11 marlas comprised in khewat No.262 min, Khatauni No.529 min, khasra Nos.1545 ( 2-17), 1549 ( 4-14) as entered in Missal Hakiat for the year 1985-86, situate in village Nangal Kalan, Tehsil and District una as tenant and thereafter as owner because of under H.P. Tenancy and Land Reforms Act. It was averred that the entries in the name of Amian the predecessor-in-interest of the contesting defendants as possession are wrong and illegal. It was averred that the defendants/respondents on the basis of wrong entries had been threatening to interfere with her possession over the suit land. Neither the defendants No.1 to 12 nor their predecessor-in-interest Amian ever remained in possession over the suit land as they were never inducted as a tenant. Thus, the suit for declaration and injunction.

(3.) The defendants/respondents contested the suit on the ground that they had been coming in possession of the suit land as tenant on payment of annual rent of Rs. 30/- . They had been conferred proprietary rights under the H.P. Tenancy and Land Reforms Act. They denied the claim of the plaintiffs/appellants and prayed for dismissal of the suit.