DHARAM DASS Vs. PURAN DASS AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 11.7.2003 rendered by the District Judge, Kinnaur Civil Division at Rampur Bushahr in Civil Appeal No. 15 of 2003.

(2.) "Key facts" necessary for the adjudication of this appeal are that the appellant -plaintiff and proforma respondent (herein after referred to as 'plaintiffs ' for convenience sake) instituted a suit for declaration to the effect that the plaintiffs were co -owners to the extent of their shares specified in the plaint and the revenue entries to the contrary were wrong and illegal and also for declaration that the plaintiffs were in possession as co -owners and also sought injunction restraining all or any of the respondents -defendants (hereinafter referred to as 'defendants ' for convenience sake) from interfering with the possession of the plaintiffs. Maju died in the year 1959. He was survived by his son Sami and daughter -in -law Poshi, who was the widow of his pre -deceased son Sohju. Maju was tenant to the extent of half share in respect of land as entered in Khata Khatauni No. 3/18 to 3/20 Kitas 32 total measuring 5 Bighas and 5 biswas, situated in Mauja Ghat Tehsil Rampur, District Shimla as per Jamabandi for the year 1956 -57. The other half share of the land was entered in the name of Dalku and Tirlu, who were tenants to the extent of remaining half share in equal shares and they were now succeeded by defendants No. 5 and 6 namely Kodu and Lathu. Similarly, late Shri Maju was tenant in respect of half share of land as entered against khata Khatauni No. 3/23, Khasra No. 120 measuring 9 biswas situated in village Ghat, Tehsil Rampur, District Shimla/Mahasu, as per Jamabandi for the year 1956 -57. The state of things continued till 1964 -65 as reflected in the Jamabandi for the year 1964 -65. The land described was recorded against Khata Khatauni No. 7/7 to 7/11 kitas 34 measuring 58 bighas 14 biswas in the Jamabandi for the year 1969 -70. The tenancy rights of the said persons matured into ownership rights and the same were duly recorded in mutation Nos. 2210 and 2213 of Mauza Ghat. The land mentioned and entered against Khata Khatauni No. 11/22, Khasra No. 167/1 measuring 9 bighas and 8 biswas situated in Mauza Ghat, as per Jamabandi for the year 1969 -70 was recorded in the tenancy of Sami and Poshi to the extent of half share and the other half share was recorded under the tenancy of Dalku and Tirlu. In the year 1960, Poshi widow of late Sh. Sohju son of Maju remarried one Lathu. She begot from the loins of Lathu 4 children, namely, Silu, Fuli, Lumi and Puran Dass. On the remarriage of Poshi, under the provisions of law, she ceased to be a tenant or to have any sort of right, title or interest in the land. In the alternative, it was stated that after the death of Poshi, all her rights in the suit land reverted back to Sami under the provisions of Hindu Succession Act. Sami died in the year 1968 leaving behind Magi, Dharam Das, Fariku, Nairu and Fedru. According to the plaintiffs, Poshi widow of Sohju predeceased son of Maju, remarried when she had tenancy rights in the suit land, therefore, Sami predecessor -in -interest of the plaintiffs and proforma defendants became the tenants over the entire land and the entries to the contrary are wrong and illegal. In the alternative, plaintiffs on the death of Poshi, became owner of the land of Poshi, which she inherited from her father -in -law as the widow of predeceased son.

(3.) PLAINTIFFS also moved an application under Order 6 Rule 17 of the Code of Civil Procedure for amendment of the plaint. It was allowed by the District Judge, Rampur and amended plaint was filed. Amended written statement was also filed. Defendants have denied the remarriage of Poshi with Lathu and the estate of Maju was not to be governed by Section 67 of the HP Abolition of Big Landed Estates and Land Reforms Act, 1953.