BALBIR SINGH DHAWAN Vs. JOGINDER SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Shimla, H.P., dated 30.9.2015, passed in Civil Appeal No. 1-R/13 of 2015/11.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff), has instituted a suit for declaration to the effect that he had become owner in-possession of the land, as detailed in the plaint, by way of conferment of proprietary rights as per the H.P. Tenancy and Land Reforms Act and also prayed that the sale deed No. 256/74 dated 6.9.1974 and gift deed No. 196/02 dated 13.6.2002 and mutation Nos. 6783 and 184, attested on their basis, be declared null and void. He has also planted trees over the suit land. All the defendants suddenly appeared on the spot on 10.11.2007 and made an attempt to dispossess him from the suit land and also started digging the land. Thereafter, the plaintiff inquired about the revenue record and after going through the copy of the jamabandi for the year 2003-04, he was surprised to note that the defendants have managed to bring vast changes in the revenue record.

(3.) The suit was contested by the defendants by filing written statement. According to the defendants, the plaintiff was never inducted as Gair Morusi tenant under the previous owner, namely, Humanand and no rent was being paid by him and as such, he did not fall within the purview of tenant as defined in the H.P. Tenancy and Land Reforms Act. Sh. Humanand had every right to alienate the suit land and hence the sale deed as well as the gift deed has been rightly executed.