DESH RAJ Vs. JOGINDER SINGH

JUDGEMENT

(1.) This regular second appeal arises out of judgment and decree dated 31.7.2002 passed by learned Additional District Judge-1, Kangra at Dharamshala in Civil Appeal No. 138-N/2000 whereby reversing the judgment and decree dated 23.11.2000 passed by learned Sub Judge (II), Nurpur, District Kangra, H.P. in Civil Suit No. 112/1995.

(2.) The father of the plaintiffs/respondents late Sh. Kishan Chand, filed a suit for declaration to the effect that he is co-owner in possession to the extent of half share in Khata No. 252 min, half share in land bearing Khata No. 70 min, half share in the land bearing Khata No. 253, situated in village and Mohal Indpur, Tehsil Indora, District Kangra, H.P. The change of entry in the revenue record from tenancy in favour of the plaintiff and the defendant in equal shares to that of the defendant was wrong and had been effected in active connivance, collusion and participation of the revenue staff and the previous owners. This was without any notice of intimation to the plaintiff and at his back without following any legal procedure established by law and was in violation of the basic principles of natural justice and equity. It was alleged that the suit land was being cultivated by the forefathers of the plaintiff and defendant.

(3.) The suit was contested by the defendant/appellant by filing written statement wherein preliminary objections regarding maintainability, cause of action, jurisdiction and limitation were raised. It was further pleaded that the defendant was in the cultivating possession of the suit land as owner. The plaintiff had never been in possession of the same. It was further alleged that the defendant had been cultivating the suit land for the last 22 years initially as a tenant and thereafter as owner. The detailed submissions were made with respect to the proceedings before the revenue court which are not essential for determination of the present appeal.