RAM KUMAR (SINCE DECEASED) THROUGH HIS LRS. ROHIT SHARAD AND ORS. Vs. SMT. HUKMI DEVI (DECEASED) & LEKH RAJ 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 10.7.2003, passed in Civil Appeal No. 72-J/XIII/2001.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff), has instituted suit for possession of land, as detailed in the plaint. According to him, he was owner along with other co-sharers of the suit land. However, during the settlement in the year 1981-82, the father of respondents-defendants (hereinafter referred to as the defendants), namely, Dharam Chand, got himself recorded as kabiz and thereafter took forcible possession of the suit land. After the death of Dharam Chand, the defendants are in possession of the suit land. They were requested to hand over the possession and admit the claim of the plaintiff, but they refused to do so.

(3.) The suit was contested by the defendants. They denied that the father of the defendants in the year 1981-82, manipulated the entry of possession and thereafter took forcible possession of the suit land.