SHEELA DEVI & ORS Vs. HARBHAJAN LAL

JUDGEMENT

(1.) Plaintiff is the appellant who is aggrieved by the judgment and decree passed by learned District Judge, Una, whereby he reversed the findings rendered by the learned trial court and dismissed the suit filed by the plaintiff.

(2.) Brief facts leading to filing of the appeal are that the plaintiff (hereinafter referred to as ‘Appellant’) filed suit for declaration on the ground that the suit land was jointly owned by him along with respondents-defendants No.2 and 3. He claimed to be in exclusive possession of the same and had averred that defendant No.1 had no right, title and interest over the suit land, who otherwise was owner of the adjoining land. He had moved an application before the Settlement Collector seeking corrections of ‘Karukans’ of Aks Shajra which was carried out by the Settlement Officer, but without affording any opportunity of being heard to the plaintiff. This order was questioned as being not tenable in the eyes of law and declaration to this effect was sought along with prayer for permanent injunction.

(3.) The defendant/respondent contested the suit by filing written statement in which preliminary objections regarding maintainability, cause of action, estoppel, jurisdiction etc. were raised. On merits, it was denied that the suit land was owned by the plaintiff and defendants 2 and 3 and even the exclusive possession of the plaintiff was disputed. It was contended that it was the plaintiff who changed the ‘Karukans’ in connivance with the settlement staff, resultantly area of the land of defendant in khasra No. 626 was decreased. When this fact came to his notice, he moved an application for correction of ‘Karukans’ and after affording an opportunity of being heard to the affected parties, Settlement Officer passed the aforesaid order.