PRAHMA RAM AND ORS. Vs. KHAJANA RAM

JUDGEMENT

(1.) PLAINTIFFS -appellants Brahma Ram and Bishnu Ram have filed the present appeal under the provisions of Section 100 of the Code of Civil Procedure, assailing the judgment and decree dated 15.1.2015, passed by Additional District Judge (III), Kangra at Dharamshala, in RBT Civil Appeal No. 13 -B/XIII/13/08, titled as Brahma Ram and another v. Khazana Ram, whereby judgment and decree dated 30.4.2008, passed by Civil Judge (Senior Division), Baijnath, District Kangra, Himachal Pradesh, in Civil Suit No. 121/2006, titled as Brahma Ram and another v. Bishnu Ram, stands affirmed.

(2.) PLAINTIFFS filed a suit for declaration to the effect that the suit land is jointly owned and possessed by them with defendant -respondent Khazana Ram, in equal shares, and the entries to the contrary are wrong, null and void, with consequential relief of permanent prohibitory injunction, restraining the defendant from interfering and dispossessing them from the suit land. It is contended by the plaintiffs that one Shri Paharu Ram (father of the defendant and grandfather of the plaintiffs) was a tenant over the suit land and he cultivated the same till his death and thereafter his sons Khinu (father of the plaintiffs) and defendant cultivated the same and now the plaintiffs and defendant have become owners in equal shares.

(3.) BASED on the pleadings of the parties, trial Court framed the following issues: