LAWS(HPH)-2014-12-80

DEEMANU RAM Vs. BILWA MANGAL

Decided On December 10, 2014
Deemanu Ram Appellant
V/S
Bilwa Mangal Respondents

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dated 27.9.2001 rendered by the District Judge Kangra at Dharmashala in Civil Appeal No. 94-K/XIII/1999.

(2.) According to the plaintiff, he was owner in possession of the suit land bearing Khata No.54 min, Khatauni No. 124, Khasra No.89 measuring 0-33-29 hectares situated in Mohal Jogiballa, Mauza Shamirpur, Tehsil and District Kangra, as per Jamabandi for the year 1987-88 and the entry of defendants in column of tenancy existing in the revenue record was illegal and unauthorized. Defendants or their predecessor-ininterest were never inducted as tenants by the plaintiff or his predecessor-in-interest since the land was under mortgage with the mortgagees and the same was redeemed vide civil suit No. 158/1974. The possession was delivered on 18.9.1992 on the basis of judgment rendered in Civil Suit No. 158 of 1974.

(3.) Suit was contested by the defendants. According to the defendants, plaintiff was not in possession of the suit land and the defendants were tenants prior to the mortgage.