UDHAM SINGH Vs. BHAGWATI DEVI AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal has been instituted against judgment dated 24.10.2005 rendered by learned Additional District Judge, Fast Track Court, Una, District Una, Himachal Pradesh in Civil Appeal No. 61/98 RBT No. 151/04/98.

(2.) "Key facts" necessary for adjudication of the present appeal are that the predecessor-in-interest of the respondent-plaintiff namely Saran Dass filed a suit for declaration with permanent injunction and in the alternative for possession against the appellantdefendant (hereinafter referred to as 'defendant' for convenience sake). According to the plaintiff, land measuring 0-00-82 hectare situate in Khewat No. 26, Khatauni No. 132, Khasra No. 1401/1 as per Misal Hakiyat Bandobast Jadid Sani for the year 1985-86 situate in village Kalruhi, Tehsil Amb, District Una is owned and possessed by him alongwith other cosharers. Defendant has no right, title or interest whatsoever. Order dated 26.6.1988 of Settlement Tehsildar in case No. 206/88 was illegal, wrong and without jurisdiction. Order dated 26.6.1988 was passed behind the back of the plaintiff. Revenue entries were made in favour of the defendant on the basis of order dated 26.6.1988. Defendant was threatening to take forcible possession of the suit land.

(3.) Suit was contested by the defendant. According to him, order dated 26.6.1988 was made in presence of the plaintiff and other cosharers. One of the cosharers namely Satpal gave his statement and never objected to Order dated 26.6.1988.