BHOLA @ ROSHAN LAL & ANR. Vs. JIWAN WATI

JUDGEMENT

(1.) This appeal under Sec. 100 C.P.C. is directed against the decree and judgment dated 31.7.1984 passed by the District Judge, Solan and Sirmaur Districts at Nahan whereby the appeal of original defendant Smt. Ram Piari was accepted and the decree and judgment dated 7.2.1980 passed by Sub Judge 1st Class, Nalagarh, District Solan was set aside. The Sub Judge 1st Class, Nalagarh, had decreed the suit of the appellants-plaintiff for declaration that they are owners in possession of the land measuring 100 Bighas 2 Biswas comprised in Khasra Nos. 238, 239, 241 and 242 situate in village Ghansot, Tehsil Nalagarh, District Solan (hereinafter called 'the land in dispute'). The original defendant Smt. Ram Piari died during the pendency of the present appeal and her daughter Smt. Jiwan Wati has been brought on record as her legal representative.

(2.) The case set up by the appellants-plaintiffs was that one Ganga Ram was in possession of the land in dispute as tenant, who died on 4.2.1977. After coming into force of the H.P. Tenancy and Land Reforms Act, 1972 (hereinafter called 'the Act') and the rules framed thereunder, he had become entitled to acquire proprietary rights. Appellant plaintiff No. 1 Bnola alias Roshan Lal claimed himself to be adopted son of Ganga Ram and he and appellant plaintiff No. 2 Bhaga further claimed that they had inherited the estate of Ganga Ram including his rights in the land in dispute by way of a registered will dated 28.4.1964. According to them, after the death of Ganga Ram, they continued to be in possession of the land in dispute till their possession was threatened, lastly on 10.4.1977, by the original defendant who did not accept them as legal heirs of Ganga Ram. In these circumstances, they filed the civil suit on 12.4.1977.

(3.) In her written statement, besides preliminary objections, on merits, the original defendant took up the defence that, "... The answering defendant being a widow of late Raja Jogindcr Singh filed an application under Sec. 30 of the H.P. Tenancy and Land Reforms Act before the Land Reforms Officer, Nalagarh against Ganga Ram deceased who died during pendency of the above said application and the plaintiffs filed an application before the Land Reforms Officer Nalagarh to become his legal representatives but their application was dismissed by the Land Reforms Officer. The application under Sec. 30 of the said Act of the defendant was allowed by the Land Reforms Officer on 21.2.1977, as there was no legal representatives of the deceased Ganga Ram. The plaintiffs did not file appeal under the aforesaid Act against the order dated 21.2.1977 of the Land Reforms Officer. Hence this Honourable Court has no jurisdiction to entertain and try the present suit. Even otherwise no proprietary rights can be conferred on non-occupancy tenants of the land of a widow under the provisions of the aforesaid Act. It is wrong to suggest that deceased Ganga Ram acquired ownership rights of the-land in dispute." It was also denied that the appellants-plaintiffs were either tenants or owners of the land in dispute. They had filed an application for correction of the Khasra Girdawri of the land in dispute before the Assistant Collector Nalagarh which was dismissed on 22.1.1979.