JOTI RAM Vs. PREMA

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree passed on 10/11/1982 by the District Judge, Kangra at Dharamshala dismissing his appeal and thereby affirming the judgment and decree passed on 16/06/1980 by the Senior Sub-Judge, Kangra at Dharamshala.

(2.) The plaintiff claimed a decree for declaration that defendant Nos. 1 and 2 are not the tenants and there exists no relationship of landlord and tenant between the parties in respect of the suit land measuring 2 Kanals 17 Marlas, situate in Tikka Har Balakarupi, Mauza Alampur, Tehsil Palampur, District Kangra and by way of consequential relief claimed a decree for injunction restraining the defendants from taking possession of the land from the plaintiff in pursuance to an order passed on 24/02/1974 by, the Sub-Divisional Officer (Civil), Palampur.

(3.) The suit was resisted by the defendants on merits as well as by taking up number of objections. It was claimed by defendant Nos. 1 and 2 that they were in occupation of the suit property as tenants and had illegally been dispossessed therefrom, as such, the Sub-Divisional Officer (Civil), Palampur was within his rights in having made an order of restoration of possession and findings recorded in such proceedings of existence of relationship of landlord and tenant had become final because of the plaintiff not having carried the matter further in appeal. Thus, the suit was barred by principle of res judicata. Otherwise also, it was not maintainable.