RAM SAIN Vs. HARI DASS

JUDGEMENT

(1.) The defendants are the appellants, who, aggrieved by the decree of reversal passed by the learned first appellate court, have filed the instant appeal. The parties shall be referred to as the 'plaintiffs' and 'defendants'.

(2.) Briefly stated facts of the case are that Hari Dass, predecessor in interest of the plaintiffs (original plaintiff) filed a suit against the defendants claiming that he was one of the co-owners/co-sharers of the land comprised in Khasara Nos.2815/1265 and 2816/1266 measuring 0/15/37 hect. situated at Mauza Jhakri, Tehsil Rampur Bushahr, District Shimla, H.P., but late Mr. Jagti Ram, father of defendants No. 1 and 2 and husband of defendant No.3, had been shown in possession of the same. According to the plaintiff, the defendants had no right over the suit land, therefore, prayed for decree of possession and perpetual injunction to be passed in his favour.

(3.) The defendants resisted and contested the suit by filing written statement wherein various preliminary objections with regard to maintainability, non joinder of necessary parties, locus standi, limitation etc. were raised. It was also contended that as per jamabandi for the year 1976-77 Khasra No.1266, measuring 0/14/42 hectares, was recorded in the ownership of State of H.P. and in possession of H.P.P.W.D. during the settlement operation as the land comprised in Khasra No.1266 (new) was continuing in possession of aforesaid Jagti Ram and the Khatauni was accordingly prepared by the settlement field staff showing the possession of Jagti Ram. During 1950, road was constructed in the Jhakri area, which is now National Highway 22, but the acquisition proceedings were initiated quite late.