BASOHLI AND ORS. Vs. BHAGTU RAM AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgement and decree dated 10.1.2005 passed by learned District Judge, Hamirpur in Civil Appeal No. 39 of 2004, whereby he reversed the judgement and decree passed by learned trial court dated 31.12.2003 and decreed the suit of the plaintiffs - respondents.

(2.) THE facts as set out in the plaint are that plaintiffs - respondents alongwith Sh. Setu Ram proforma respondent, filed a suit claiming themselves to be joint owners in possession with defendants of old khasra No. 571 measuring 36 Kanals 4 Marlas. They pleaded that part of this land donated by new khasra No. 565 measuring 8 Kanals 6 Marlas, Tika Bharoli Bhagaur, Tappa Hathol, Tehsil Nadaun, District Hamirpur, H.P. (the suit land) in consolidation in 1983 was allotted to the plaintiffs. Since, then the suit land is coming in possession of the plaintiffs and recorded in jamabandi 1985 -86. But the defendants in connivance with the consolidation authorities in 1993. Vide mutation No. 362 dated 12.7.93 got allotted portion of the suit land to the extent of 3 Kanals 2 Marlas in their favour on the basis of tenancy. Defendants were never tenants of the plaintiffs prior or after consolidation proceedings. So mutation No. 362 dated 12.7.1993 in the name of defendants is illegal, null and void. Taking undue advantage of wrong entries, the defendants are adamant to dispossess the plaintiffs from the suit land and thus liable to be prohibited from doing so.

(3.) BY way of rejoinder, the plaintiffs re -asserted their case and controverted the contrary pleas of the defendants. On 10.5.2000 the following issues were framed by the learned trial Court: