DILE RAM Vs. SIDHU RAM & ORS

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Kullu, H.P., dated 19.12.2003, passed in Civil Appeal No. 53/2002.

(2.) "Key facts" necessary for the adjudication of this regular second appeal are that the respondents-plaintiffs (hereinafter referred to as the plaintiffs), have instituted a suit for permanent prohibitory injunction against the appellants-defendants (hereinafter referred to as the defendants). According to the averments made in the plaint, the land comprised in Khata Khatauni No. 505 min/808, Kh. No. 1671, measuring 1- 2-0 bighas situated in Phati Vashishat, Kothi Jagatsukh was recorded in the ownership of defendants No. 7 to 9, 13 and one deceased Bir Singh whose legal representatives are defendants No. 10 to 12 but in the possession of deceased Dodu, the father of plaintiffs who was inducted as tenant at will on paying rent and now vide mutation No. 3466, the tenancy rights of deceased Dodu were inherited by plaintiffs in equal shares. The land comprised in khata/khatauni No. 505 min/807 min, Kh. No. 1599 and 1660, measuring 2-9-0 bighas situated in Phati Vashishat, Kothi Jagatsukh was recorded in the name of deceased Ram Chand whose legal representatives are defendants No. 2 to 6 and in this land also deceased Dodu was inducted as tenant at will and now vide mutation No. 3466, tenancy rights were inherited by the plaintiffs. Dodu expired in the year 1971 and after his death the tenancy rights were inherited by plaintiffs and they started payment of rent to the owners and subsequently by operation of Section 104 of the H.P. Tenancy and Land Reforms Act, 1972, the plaintiffs became owner of the suit land on appointed day. The defendants have filed applications before the Tehsildar (Settlement) Kullu for the correction of revenue entries in which they have claimed that suit land was purchased by them and Dodu during his life time had surrendered/relinquished his tenancy rights. It was alleged that in the applications it was mentioned that plaintiffs are not in possession of suit land which fact was incorrect. The plaintiffs and their father have raised orchard over the suit land, out of which the plants on the land 0-9-0 bighas in Kh. No. 1668 are small plants and remaining portion of the land comprises fruit bearing plants. On the portion of land containing Kh. No. 5599, two houses have been constructed by deceased Dodu, one of which is 2 ½ storyed and other is 1 ½ storyed.

(3.) The suit was contested by the defendants. According to the defendants, Dodu was never inducted as tenant. The mutation No. 3466 was wrongly attested and sanctioned as Dodu himself was not a tenant in possession of the suit land. The mutation does not confer any title, right or interest to the plaintiffs. It was also denied that plaintiffs have become owners of the suit land by operation of Section 104 of the H.P. Tenancy and Land Reforms Act. The filing of three applications before the Assistant Collector is admitted. It is further averred that earlier Dodu was tenant in possession of the suit land under the previous owner but he had failed to pay rent to the owners and had fallen in huge arrears of rent. He was not in a position to cultivate the suit land and to pay the arrears of rent and as such he offered to surrender the possession of the suit land and relinquish the tenancy in favour of previous owner. The offer was accepted by the owners and the suit land was handed over to them in the year 1959. There was no relationship of landlord or tenant. Dina Ram, Govind and Chetu who were owners-in-possession of land measuring 0-19-0 bighas contained in Kh. Nos. 1668 and 1970 through a registered sale deed dated 3.4.1967 sold the land in favour of defendant No.1 and possession of the land was also delivered to defendant No. 1. Sh. Primu and Tikam Ram being ownersin-possession of land measuring 3-14-0 bighas contained in Kh. Nos. 1671, 1599 and 1600 through a registered sale deed dated 21.5.1962 sold the land in favour of Budh Ram and Ram Chand the predecessor in interest of defendants No. 2 to 13 and the actual and physical possession of the same was also delivered to Budh Ram and Ram Chand. Sh. Ram Chand, predecessor-in-interest of defendants No. 2 to 6 has constructed two houses i.e. single storyed house measuring 37' x 16' and two storyed house measuring 18' x 16 ½' on Kh. Nos. 1599 and 1600.