KRISHANU RAM Vs. SOM DUTT

JUDGEMENT

(1.) APPELLANT Krishanu Ram, one of the legal heirs of defendant No. 1 Prabhi Devi, has filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 3.7.2003, passed by District Judge, Bilaspur, Himachal Pradesh, in Civil Appeal No. 70 of 1995, titled as Tulsi Ram (now deceased) through his LRs v. Prabhi Devi (now deceased) through LRs and others, whereby judgment and decree dated 6.3.1995, passed by the Sub Judge 1st Class, Ghumarwin, District Bilaspur, Himachal Pradesh, in Civil Suit No. 33 -1 of 1989, titled as Tulsi Ram v. Prabhi and others, stands reversed. In effect plaintiff's suit stands decreed.

(2.) BRIEFLY stated, it is the plaintiff's (Shri Tulsi Ram) pleaded case that his father Santu was owner in possession of the suit land. After death of his mother, defendant No. 1 Prabhi Devi (hereinafter referred to as the defendant) started residing with his father. In 1958, when Santu died, both plaintiff and his brother were brought up by the defendant. By succession, suit land was inherited, in equal share, by him, his brother and the defendant. However, by exercising fraud, after death of Santu, defendant got herself recorded as a tenant in the revenue record and subsequently by virtue of provisions of Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 (hereinafter referred to as the Act), got the entire land recorded, as owner, in her name. To this effect, order was passed by Compensation Officer on 24.12.1964/15.2.1965.

(3.) BASED on the pleadings of parties, trial Court framed the following issues: