BAKSHI RAM Vs. PREMI DEVI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 22.11.2007 passed by the Additional District Judge, Fast Track Court, Hamirpur in Civil Appeal No. 24 of 2003/RBT No. 324 of 2004.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that respondents -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) have filed a suit against the appellants -defendants (hereinafter referred to as the "defendants" for convenience sake). According to the plaintiffs, suit land was allotted to Sh. Achhroo son of Sh. Kharkoo by the Collector, Hamirpur on 27.6.1976. He remained in possession of the same. Achhroo had three legal heirs, namely, Bakshi Ram, Suhri Devi and Johgal Ram. Johgal Ram died on 15.4.1995 leaving behind plaintiffs as his legal heirs. Achhroo Ram died intestate on 8.11.1982. After his death, defendant Nos. 1 and 6 - Bakshi Ram and Suhri Devi; and Johgal succeeded to his estate. After the death of Johgal Ram, plaintiffs were coming in possession of the suit land as joint owners alongwith defendant Nos. 1 and 6 to the extent of 1/3rd share. Defendant Nos. 1 to 5 in collusion with the revenue staff got the entry of the whole suit land recorded in their favour as joint owners in possession whereas plaintiffs and defendant No. 6 were also joint owners in the suit land. They came to know about the wrong entry in the month of July, 2001 when defendants threatened to dispossess them from the suit land. Plaintiffs went to the office of Halqua Patwari and obtained revenue record and thereafter they filed the suit for declaration to the effect that they are joint owners in possession of the suit land to the extent of 1/3rd share and the entry in the revenue record showing defendants No. 1 to 5 as exclusive owners in possession are illegal, wrong and not binding upon plaintiffs.

(3.) LEARNED Sub Judge 1st Class framed issues on 14.6.2002. He dismissed the suit on 21.6.2003. Plaintiffs preferred an appeal against the judgment and decree dated 21.6.2003 before the Additional District Judge, Fast Track Court, Hamirpur. He allowed the same on 22.11.2007. Hence, the present Regular Second Appeal. It was admitted on the following substantial questions of law on 29.12.2007: