KUBER RAJ AND ORS. Vs. HARI SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 1.6.2005 rendered by the District Judge, Kangra at Dharamshala in Civil Appeal No. 76 -D/XIII -2004.

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellants -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit against the respondent -defendant (hereinafter referred to as the "defendant" for convenience sake) for declaration as well as prohibitory injunction. According to the plaintiffs, land as detailed in the head note of the plaint, was in exclusive cultivatory possession of the plaintiffs earlier as tenants -at -will and thereafter as owners. Defendant has never come in possession in any capacity. He has no right, title or interest over the suit land. Revenue entries reflecting the defendant as owner to the extent of 1/2 share vide mutation are wrong and illegal.

(3.) REPLICATION was filed by the plaintiff. Issues were framed by the learned Civil Judge (Sr. Division), Kangra on 1.7.2002. He dismissed the suit on 5.7.2004. Plaintiffs preferred an appeal before the District Judge, Kangra at Dharamshala. He dismissed the same on 1.6.2005. Hence, the present appeal. It was admitted on 29.7.2005 on the following substantial questions of law: