LAWS(HPH)-2014-11-117

RAM LOK Vs. NAND RAM

Decided On November 10, 2014
RAM LOK Appellant
V/S
NAND RAM Respondents

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Una, dated 5.5.2004 passed in Civil Appeal No. 68 of 2002.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the respondents -plaintiffs (hereinafter referred to as the plaintiffs, for the convenience sake), filed a suit for declaration to the effect that the plaintiffs alongwith proforma defendants are owner -in -possession to the extent of 34749 shares and tenant in possession to the extent of 3395 shares under defendant No. 2 over the land measuring 0 -80 -15 hectares, comprised in Khewat No. 238, Khatauni No. 401, Khasra Nos. 644 and 645 as per Misal Haquiat Settlement for the year 1986 -87 and the change of the revenue entries in the name of defendant No. 1 as non -occupancy tenant and subsequent order dated 10.6.1985 of Assistant Collector, IInd Grade, Amb sanctioning mutation No. 971 of proprietary rights in the name of defendant No. 1, were absolutely wrong, false, baseless, illegal and without jurisdiction and contrary to the provisions of H.P. Tenancy and Land Reforms Act and Rules with a consequential relief of permanent injunction restraining the defendant No. 1 from interfering in any manner or raising any sort of construction and cutting trees from the suit land.

(3.) THE suit was contested by defendant No. 1, namely Ram Lok. He filed the written statement. According to him, the suit land was coming in his possession as non -occupancy tenant on payment of rent to the owners since June, 1970 and now under the provisions of H.P. Tenancy and Land Reforms Act, the defendant has become owner vide mutation No. 971 dated 10.6.1985. The defendant Nos. 2 to 5 despite service did not appear and they were proceeded ex -parte in the trial Court.