KANTH Vs. SHEELA DEVI

JUDGEMENT

(1.) In this regular second appeal under Section 41 of the Punjab Courts Act against the judgment and decree dated 18/01/1985 passed by the learned District Judge, Hamirpur in Civil Appeal No. 2 of 1982, the plaintiffs/appellants have sought the reversal thereof.

(2.) The bone of contention in between the parties is land measuring one kanal comprised in Khasra No. 236/1 and Khasra No. 233/1 situate in Taka Gauna, Tappa Kohla, Teshil and District Hamirpur (hereinafter shortly referred to as the 'suit land'). Shri Shambhu Ram, one of the plaintiffs died during the pendency of this appeal and vide order dated 2/01/1990 passed in CMP No. 194 of 1988, his legal representative, namely, Shri Sri Kanth has been substituted in his place. Similarly, Sain Dass, one of the defendants also died during the pendency of this appeal and vide order of the even date (2-1-1990), his legal representative Nos. 1(a) to 1(e) have also been brought on record. The parties to the instant appeal are being referred hereinafter as the plaintiffs and defendants for appellants and respondents, respectively.

(3.) The plaintiffs filed a suit for possession of the suit land on the allegations that they are the owners thereof as per the jamabandi for the year 1967-68, but during the consolidation operations commenced in the year 1965, the defendant who is a collateral of the plaintiffs in the third degree, was recorded as a tenant under the plaintiffs and this was done in collusion with the consolidation staff and that defendant had constructed a house thereon. Allegedly, as per the plaintiffs, the opposite party (defendant), had no concern with the suit land and his possession was unlawful.