BIMLA DEVI AND ORS. Vs. NANKU AND ORS.

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Kangra at Dharamshala, H.P. dated 17.03.2003, passed in Civil Appeal No. 171 -B/XIII -2001. Key facts" necessary for the adjudication of this regular second appeal are that the predecessor -in -interest of respondents -plaintiffs (hereinafter referred to as the plaintiff), namely, Nanku son of Tiblu, has instituted suit for declaration and permanent prohibitory injunction against the predecessor -in -interest of the appellants -defendants, namely Nanku son of Umdu (hereinafter referred to as the defendant). According to the averments made in the plaint, the plaintiff was in possession of the suit land as detailed in the plaint. The defendant, in connivance with the revenue staff to take undue advantage of his name, started correction proceedings before the Assistant Collector, IInd Grade, Multan and vide order dated 2.8.1999 correction was made in the column of cultivation in favour of the defendant, which was illegal, null and void. The plaintiff, being tenant in possession of the suit land was entitled to remain in possession of the suit land. On the strength of the impugned order of Assistant Collector, IInd Grade, Multan, the defendant was trying to take forcible possession of the suit land.

(2.) The suit was contested by the defendant. According to the averments made in the written statement, the suit land was exclusively owned and possessed by the defendant since his forefathers and the plaintiff was never inducted as tenant by the defendant or his forefathers. The plaintiff never came in possession of the suit land. The correction of entry has been made by the Assistant Collector, IInd Grade, Multan in favour of the defendant rightly.

(3.) The replication was filed by the plaintiff. The learned trial Court framed the issues. The suit was decreed vide judgment dated 20.8.2001. The defendant, feeling aggrieved, preferred an appeal against the judgment and decree dated 20.8.2001. The learned District Judge, Kangra at Dharamshala, dismissed the same on 17.3.2003. Hence, this regular second appeal.