SANJEEV KUMAR SHARMA Vs. LACHHU RAM

JUDGEMENT

(1.) This regular second appeal is directed against the concurrent findings of fact recorded by the learned courts below. The plaintiffs respondents filed a suit for permanent injunction restraining the defendants from interfering in any manner in the possession of the plaintiff formerly as tenants and now as owners of land measuring 4 Kanal 2 Marlas, bearing Khewat No. 369 min, Khatauni No. 659 Rectangle 15 Killa No.12/4 as entered in the jamabandi for the year 1983-84, situated in village Jakhera, Tehsil and District Una.

(2.) It was alleged that land in dispute was owned by one Shiv Ram and was mortgaged by him with Mehar Chand and defendant Ram Lok, while plaintiffs Harnam and Babu, predecessorin- interest of plaintiffs No. 2 to 6 possessed the same as nonoccupancy tenants on payment of Battai. It is the further case of the plaintiffs that they being in possession of the suit land as nonoccupancy tenants became owners thereof on the appointed date in terms of the provisions of H.P. Tenancy and Land Reforms Act, 1972 (hereinafter referred to as the Act). The defendant was alleged to be head-strong person and Lambardar of the village, who had threatened to interfere in the possession of the plaintiffs, given rise to the present suit.

(3.) The defendants contested the suit by filing written statement, wherein they set up a plea of tenancy under Shiv Ram, whom they admitted to be the owner of the suit land. The factum of mortgage was also admitted, but they claimed to be non-occupancy tenants for the last 30 years and further claimed to have become owners of the land in terms of provisions of the Act . Though they continued in possession since long, but the entries regarding this fact could not be effected in the revenue record and accordingly they moved an application for correction of entries before Tehsildar (Settlement), Una, who after visiting the spot and recording evidence of the witnesses, allowed correction of entries vide order dated 26.2.1988. The defendants on the strength of order passed by Tehsildar (Settlement) now claimed themselves to be owners and in possession of the suit land.