JAGAT RAM Vs. PRAN NATH

JUDGEMENT

(1.) Present application is filed under Section 151 of Code of Civil Procedure 1908 for modification of status quo order dated 7.8.2014 passed in RSA No. 219 of 2014 with prayer that applicant be permitted to carry out necessary repairs of existing structure and partially be allowed to extend the house of applicant over vacant land of suit property. Brief facts of the case.

(2.) Pran Nath and others sons of deceased Durga Parshad filed suit for possession of land entered in Khata No. 225, Khatauni No. 705 Khasra No. 2360 measuring 0-01-43 hectares as per jamabandi for the year 1992-93 situated in Mohal Ghuggar Tehsil Palampur District Kangra H.P. It is pleaded that plaintiffs are co-owners of suit land. It is pleaded that half share of suit land was purchased by father of plaintiffs in the year 1974-75 in auction which was conducted by learned Civil Judge 1st Class Kangra in execution of decree. It is pleaded that suit land remained recorded in revenue record in self ownership and possession of plaintiffs and other co-owners till 1988-89. It is pleaded that plaintiffs are in Army and defendant with the connivance of revenue staff recorded his possession as non-occupancy tenant over the suit land in an illegal manner. It is pleaded that defendant was not inducted as tenant by plaintiffs at any point of time. It is pleaded that no rent was paid by defendant to plaintiffs at any point of time. It is pleaded that possession of defendant is illegal and prayer for decree of possession sought in favour of plaintiffs and against the defendant.

(3.) Per contra written statement filed on behalf of defendant pleaded therein that plaintiffs are estopped by their act and conduct to file present suit and relationship of tenants and landlord exists between the parties and further pleaded that present suit is not legally and factually maintainable and plaintiffs have no cause of action to file the present suit. Prayer for dismissal of suit sought.