GAYATRI DEVI Vs. BHAWANI SINGH

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 2.6.2003, in Civil Appeal No. 102 -B/XIII/2001, by the learned District Judge, Kangra at Dharamshala (H.P.), whereby, the learned First Appellate Court dismissed the appeal, preferred by the plaintiff/appellants.

(2.) BRIEF facts of the case are that the plaintiff is owner of the suit land entered in Khata No. 11, Khatauni No. 12, Khasra No. 208/2 old and 4 new measuring 0 -38 -46 hects. situated at Mohal Dharbaggi, Mauza and Tehsil Baijnath, District Kangra (H.P.). The suit land was Shamlat, which was vested in the Gram Panchayat Pandtehar, Tehsil Baijnath but in pursuance of Section 3 of H.P. Village Common Land (Vesting and Utilization) Act, 1974 the suit land was vested in the State of H.P. Later on the State of H.P. allotted the suit land to the plaintiff through Patta dated 11.12.1976. The defendant Nos. 1 to 5 had filed Civil suit against the plaintiff etc. before the learned Sub Judge 1st Class, Palampur in the year 1989, claiming themselves to be the tenants in possession of the suit land with consequential relief of permanent prohibitory injunction to restrain the plaintiff from disturbing the possession. The said suit was dismissed qua claim of tenancy but the court restrained the plaintiff to oust defendant Nos. 1 to 5 forcibly from the suit land. It is claimed in the present suit by the plaintiff that during the pendency of that suit, defendants took forcible and unlawful possession of the suit land and are occupying it unauthorisedly. The plaintiff, being owner, entitled to be put in possession thereof.

(3.) REPLICATION on behalf of the plaintiff was filed wherein the contents of the plaint were reaffirmed and reasserted and the allegations made in the written statement were denied and refuted.