BANKA RAM Vs. DES RAJ

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and decree, rendered on 02.09.2003 by the learned District Judge, Hamirpur, H.P., in Civil Appeal No. 32 of 1997, whereby, the learned District Judge allowed the appeal preferred by the plaintiff/respondent and reversed the findings of the learned trial court rendered on 17.09.1997 in Civil Suit No. 239 of 1992.

(2.) BRIEFLY stated the facts of the case are that the original plaintiff Kangru Ram filed the suit against the defendants Milkhi Ram and Prabhi for declaration and permanent prohibitory injunction. It has been averred that the suit land comprised in khata No. 40, Khatauni No. 63, khasra Nos. 416, 419, 420, 570, 648, kita 5 measuring 15 kanals, 4 marlas, situated in Tika Jhatwar, Maouza Ugialta, Tehsil and District Hamirpur, H.P. The plaintiff had claimed himself as co -owner in possession of the suit land to the extent of 1/4 share. The suit land has been pleaded to be in joint co - ownership and possession of the parties as no partition has taken place in accordance with law and the revenue entries in the column of possession in favour of the defendants as tenant at will are wrong and illegal and thereby the same are not binding on the plaintiff. It has been further pleaded that the revenue entries have been wrongly changed in connivance with the revenue officials by the defendants and that the defendants have threatened to dispossess the plaintiff forcibly on the basis of wrong entries with respect to the possession. It has been further pleaded that during consolidation operation over the suit land in March, 1992, he filed an application before the Consolidation Officer which was dismissed on 15.6.1992. The plaintiff has also pleaded in alternative that in case during pendency of the defendants dispossessed the plaintiff from the suit land, a decree of possession be also passed. Hence the suit.

(3.) ON the pleadings of the parties, the learned trial Court struck following issues inter -se the parties in contest: -