RAJENDER SHARMA Vs. ROOP RAM AND ORS.

JUDGEMENT

(1.) Challenge herein is to the judgment and decree dated 18.12.2002, passed by learned District Judge, Solan, in Civil Appeal No. 20-S/13 of 2001, affirming thereby the judgment and decree dated 15.11.2000 passed by learned Senior Sub Judge, Solan, in Civil Suit No. 298/1 of 1991 and dismissed the appeal.

(2.) The bone of contention in the present lis is land measuring 5-10-0 Bighas, bearing Khasra No. 111/60/1 situated in village Sharanoo, Pargana Bharoli Khurd, Tehsil and District Solan. The nature of the suit land is Ghasni. Original owners thereof were DW-5 Satinder Singh Kaur etc. Shri Kirpa Ram, the predecessor-in-interest of the plaintiffs was allegedly in possession of the entire suit land. The plaintiffs, on his death, claim to have inherited the same. Mutation was sanctioned and attested in their favour.

(3.) Respondent No. 1-defendant Roop Ram allegedly started interference over a portion of suit land bearing Khasra No. 111/60/1 on the basis of wrong entries in the revenue record. He managed the attestation of the mutation of the suit land in his name on 14.6.1990. The Assistant Collector, 2nd Grade, who has attested the mutation, was not competent to do so. Therefore, the plaintiffs sought declaration to the effect that entries in the revenue record, showing respondent No. 1-defendant in possession of the suit land bearing Khasra No. 111/60/1 measuring 5-10-0 Bighas are wrong, illegal and void, hence not binding upon the plaintiffs. As a consequential relief, decree for possession was also sought to be passed.