BAKSHI RAM Vs. MANDRO DEVI

JUDGEMENT

(1.) REGULAR Second Appeal is filed under Section 100 of the Code of Civil Procedure by the appellant against the judgment and decree dated 22.2.2003 passed by learned Additional District Judge Hamirpur H.P. in Civil Appeal No. 26/95 (RBT) No. 133 of 2002 titled Bakshi Ram vs. Indri Devi and others and against the judgment and decree passed by learned Civil Judge Hamirpur in Civil Suit No. 96/89 titled Bakshi Ram vs. Indri Devi and others.

(2.) BRIEF facts of the case as pleaded are that Shri Bakshi Ram plaintiff filed a suit for declaration with consequential relief of injunction and in alternative relief of possession pleaded therein that plaintiff is tenant over 2/3rd share of land comprised in Khata No. 23 Khatauni No. 23 Khasra Nos. 13, 14, 15, 16, 20 and Khata No. 23 Khatauni No. 25 Khasra Nos. 5, 18 and 19 situated in Suphan Tappa Lohdar Tehsil Barsar District Hamirpur H.P. as per jamabandi for the year 1984 -85. It is pleaded that land was under the tenancy of plaintiff Bakshi Ram since long time and deceased defendant Lachhman through his LRs has no concern with suit land. It is pleaded that deceased defendant Lachhman was very aggressive and quarrelsome person and he threatened to reap the crop from the suit land forcibly sown by the plaintiff. It is pleaded that plaintiff requested the deceased defendant Lachhman several time to accept and acknowledge the status of plaintiff as tenant over suit property but he did not accept the request of plaintiff. It is further pleaded that relief as sought in relief clause of plaint be granted to plaintiff.

(3.) AS per the pleadings of parties learned trial Court framed following issues on dated 7.9.1989: -