SURINDER SINGH Vs. KUBJA DEVI

JUDGEMENT

(1.) RESPONDENT No.1 Smt. Kubja Devi filed a suit for declaration that she is owner in possession of having 1/3rd share in the suit land. She alleged that she along with Nimo Devi and Kamla Devi had inherited the estate of their father Shri Sita Ram.

(2.) KAMLA Devi died leaving behind a number of heirs including the present appellant Surinder Singh. According to the plaintiff, Surinder Singh in connivance with the revenue authorities wrongly got his name entered as a tenant in the revenue record. She thereafter approached the revenue authorities for correction of the entries but her application was rejected. However, during these proceedings, she for the first time came to know that in some earlier proceedings filed by her sister Nimo Devi some compromise had been entered into between Nimo Devi and Surinder Singh and he was shown to be the tenant on the suit land. She challenged the correctness of the revenue entries on various grounds including the ground that the earlier compromise had been entered behind her back to defeat her rights and also that she had never inducted the appellant Surinder Singh as a tenant on the suit land.

(3.) THIS point was again considered by this Court in Tajdin v. Smt. Milkho Devi and others, Latest HLJ 2005(HP) 825. This Court after considering the earlier judgments of this Court held as follows:-