KHALAILO RAM Vs. HOSHIAR SINGH & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Hamirpur, H.P. dated 22.2.2003, passed in Civil Appeal No. 78/96(RBT No. 119/2002).

(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 against the respondents-defendants (hereinafter referred to as the defendants) for declaration. According to the plaintiff, he was owner-in-possession of the land comprised in Khata No. 52, Khatoni No. 93, Kh. No. 389, measuring 41 kanals 18 marlas, situated in Tika Saharwin, Mouja Fahal, Tehsil Nadaun, Distt. Hamirpur, H.P. His ancestors were in possession of the suit land as tenant at will earlier and on the death of his predecessors-in-interest, namely, Finu and Roda, the plaintiff came in possession of the suit land as tenant and by operation of H.P. Tenancy and Land Reforms Act, he has become owner. The defendants and their predecessor-in-interest got the entries in respect of the suit land deleted in the year 1946 from the revenue record behind the back of the predecessor-ininterest and without their knowledge and thereafter the revenue entries were wrongly incorporated in favour of the defendants qua the suit land. He was never dispossessed from the suit land and he was still in cultivatory possession over the suit land. The defendants started interfering in his peaceful possession in the month of May, 1989 when he verified revenue entries and came to know that these entries have been incorporated illegally in favour of the defendants.

(3.) The suit was contested by the defendants. According to them, they were in possession of the suit land. Neither the predecessor-in-interest of the plaintiff nor the plaintiff was inducted as tenants over the suit land in the year 1951-52. He was coming in possession of the suit land as co-owner.