BABU RAM Vs. RASILO AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 10.5.2012, rendered by learned Additional District Judge, Fast Track Court, Kangra at Dharamshala in RBT C.A. No. 9 -N/XIII/2011/08.

(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that the appellant/plaintiff (hereinafter referred to as the "plaintiff" for the sake of convenience) filed a suit for declaration against the respondents/defendants (hereinafter referred to as the "defendants" for the sake of convenience). According to the plaintiff, the suit land was allotted to defendant No. 1, Rasilo, under the H.P. Village Common Lands, Vesting and Utilization Scheme, 1974 on 13.8.1980. The suit land could not be alienated by defendant No. 1 w.e.f. 13.8.1980 to 12.8.2000. According to him, he was the only son of defendant No. 1 and had every right, title and interest in the suit land. The suit land was allotted to defendant No. 1 being landless for the maintenance of his family members. Defendant No. 1 unauthorizedly sold the suit land to defendants No. 2 and 3 vide sale deed document No. 358 dated 20.4.1998. Defendants No. 2 and 3 were trying to get the mutation sanctioned in their favour.

(3.) LEARNED trial court framed the issues on 24.6.2000 and dismissed the suit vide judgment and decree dated 26.3.2008.