RAM DASS Vs. SARAB JIT SINGH AND OTHERS

JUDGEMENT

(1.) This Regular Second Appeal at the instance of the defendants has been filed against the concurrent findings of fact recorded by the learned Courts below, whereby the suit of the plaintiffs came to be decreed.

(2.) Respondents No. 1 to 7 (hereinafter referred to as the plaintiffs) being successors-in-interest of one late Sh. Milkhi Ram filed a suit for declaration to the effect that they along with respondents No. 8 to 11 (hereinafter referred to as the proforma defendants) were owners in possession of the suit land comprised in Khasra Nos. 1056, 1058, 1062 to 1065 and 1068 having carved out of previous Khasra No. 2224 in Village Marwari, Tehsil Amb, District Una, H.P and the entries to the contrary showing the appellant (hereinafter referred to as defendant) as owner in possession were wrong. In addition to this relief of injunction against the defendant restraining him from interfering in the possession of the plaintiffs was also prayed for.

(3.) The suit was resisted by defendant. Apart from raising legal pleas, it was averred that the defendant was a tenant over the suit land, upon whom proprietary rights had been conferred and mutation to this effect was just and legal. It was claimed that the plaintiffs and proforma defendants never came in possession of the suit land and being in possession, the defendant had made huge investments and constructed a house and a cattle shed over the suit land.