MAYA RAM Vs. LAJJA DEVI AND OTHERS

JUDGEMENT

(1.) Looking to the nature of the order I propose to pass, it is not relevant to set out the facts in detail, suffice it to state that the appellant/plaintiff had filed a suit for declaration, which was dismissed by the learned trial Court and the appeal filed against the same was also dismissed by the learned Presiding Officer, Fast Track Court, Mandi.

(2.) One of the fact which weighed with the learned lower Appellate Court to dismiss the appeal was that the plaintiff had not impleaded the legal heirs of Bajir Chand and Sukh Ram in the suit and as the plaintiff was seeking declaration, the same could not, therefore, be granted in his favour in their absence, as the grant of relief of declaration would adversely affect Bajir Chand and Sukh Ram or their successors, who are recorded as occupancy tenants in the suit land.

(3.) At this stage, it shall be apt to reproduce paras 28 and 29 of the judgment rendered by the learned lower Appellate Court, which reads thus:-