BIAS DEV Vs. MUNSHI RAM

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 21.7.2005 rendered by the Presiding Officer, Fast Track Court, Mandi in Civil Appeal No. 84/99, 104/2004.

(2.) "Key facts" necessary for the adjudication of this appeal are that predecessor -in -interest of the appellant -plaintiff (herein after referred to as 'plaintiff ' for convenience sake), Sh. Janardhan filed a suit for declaration with consequential relief of possession against the respondents -defendants (hereinafter referred to as 'defendants' for convenience sake). According to the plaintiff, he was recorded owner in possession of the suit land and the defendants have no right, title and interest in the same. The entries showing the defendants in possession were wrong and illegal and not binding on the plaintiff. Defendants have raised construction over the suit land as stated in para 3 of the plaint without his consent and permission in the year 1990 -91 whereas the remaining land was in possession of the plaintiff. Defendants have got themselves recorded as encroacher over the Government land during the settlement and rights to cut the grass have been conferred upon the defendants under the garb of wrong revenue entries.

(3.) THE replication was filed by the plaintiff. Issues were framed by the Sub Judge 1st Class on 20.4.1996. He dismissed the suit on 24.4.1999. Plaintiff preferred an appeal before the Presiding Officer, Fast Track Court, Mandi. He dismissed the same on 21.7.2005. Hence, the present Regular Second Appeal.