SANT RAM Vs. FAQUIROO

JUDGEMENT

(1.) The appellant has preferred this second appeal against the decree and judgment passed by the learned Additional District Judge, Solan and Sirmur Districts, affirming the decree and judgment passed by the Subordinate Judge 1st Class, Nalagarh.

(2.) A few facts relevant for the decision of the appeal may be stated. The appellant filed a suit for permanent injunction alleging that he was owner in possession of the land in suit and that the respondents were threatening to interfere in his possession. It may be pointed out at the outset that respondent-No. 1 has admitted that he had been dispossessed by the appellant and on that account he has not appeared in the Court to defend the appeal. The appeal is now limited to the dispute between the appellant and respondent No. 2, Shri Bachan Singh. The suit was resisted by the respondents on the ground that they were in possession of the land as tenants. The Courts below have come to the conclusion that respondent No. 2 is a tenant of the land in dispute.

(3.) On the pleadings of the parties, the trial court framed the following issues :