RAJ KUMARI Vs. RATTAN SINGH

JUDGEMENT

(1.) CHALLENGE herein is to the judgment and decree dated 20.2.2001, passed by learned Additional District Judge -II, Kangra at Dharamshala, in Civil Appeal No.57 -N/97, allowing thereby the appeal on reversal of the judgment and decree passed by learned Sub Judge 1st Class, Court No.1, Nurpur, District Kangra, in Whether reporters of the Local papers are allowed to see the judgment? Yes. Civil Suit No.503/89, and decreeing the suit for the relief of declaration to the effect that the appellants, hereinafter referred to as 'the plaintiffs' are in cultivating possession of the suit land and that respondent No.1, hereinafter referred to as 'the defendant', has no right, title or interest in the suit land. The defendant has also been restrained from causing any interference in the suit land in any manner whatsoever.

(2.) THE land bearing khasra No.2836/1060, measuring 31 kanals 11 marlas, situated in Mohal Pucca Tiala, Mouza Baranda, Tehsil Nurpur, District Kangra, as per entries in the Jamabandi for the year 1978 -79 (Ext.P.1), was recorded in the ownership of Shero to the extent of 1/2 share and that of Bashir, respondent No.18 - plaintiff No.9 to the extent of 1/4th share, whereas Wali Mohammad, respondent -defendant No.2 to the extent of remaining 1/4th share. The same, no doubt, was shown in the joint possession of plaintiffs No.1 to 7. Ultimately the share of Shero in the suit land was purchased by plaintiffs No.1 to 7 vide sale deed Ext.PW -3/A. The land to the extent of 1/4th belonging to plaintiff No.9 Bashir was purchased by Shamsher Singh (since dead), plaintiff No.8 in the main suit, the predecessors -in -interest of appellants No.14 to 17. The mutation to this effect was also sanctioned and attested in the name of said Shri Shamsher Singh, as per entries in the remarks column of Jamabandi for the year 1984 -85 (Ext.P -3).

(3.) ADMITTEDLY , said Shri Wali Mohammad is unheard of for a period over 32 years. As per plaintiffs' case mutation of the land to the extent of 1/4th share of Wali Mohammad was sanctioned and attested in favour of his brother Bashir, who is plaintiff No.9 and rightly so because the plaintiffs have produced in evidence, order of mutation, (Ext.PY), which is reasoned one and also the Jamabandi for the year 1990 -91 (Ext.PX). The appellants -plaintiffs, therefore, claim the land which was in the share of Wali Mohammad also in their ownership and possession, whereas respondent -defendant No.1 Rattan Singh has come forward with the version that said Shri Wali Mohammad had inducted him as tenant over the land in his share and as such the land bearing khasra Nos.1924 and 1927 (the suit land) being in his possession in the capacity of tenant and on conferment of proprietary rights under H.P. Tenancy and Land Reforms Act he has become owner thereof. He has placed reliance on Missal Hakiat Bandobast Jadid for the year 1984 -85 (Ext.DA) and also the judgment and decree passed by learned Sub Judge 1st Class, Court No.1, Nurpur on 1.4.1986 (Ext.DB) in a previously instituted suit. Besides, the parties have also produced oral evidence.