CHET RAM AND OTHERS Vs. BALDEV SINGH

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment as they call for determination of common question of law. Moreover, the identity of the parties in both the appeals is the same. RSA No.367 of 2007

(2.) Plaintiffs (respondents herein), namely; Chet Ram, Sewak Ram and Devi Chand sons of late Shri Kirpa Ram, by way of suit for permanent prohibitory injunction filed under Sec. 38 of Specific Relief Act, prayed for decree of permanent injunction restraining the defendant (appellant herein) from causing any sort of interference in their peaceful ownership and possession and also from cutting trees or changing nature of the land and causing any damage and waste to land comprised in Khata/Khatauni No.16/44, Khasra Nos.220 min, 223, 224, 225, 227, 229, 230, 233 and 234, kittas 9, measuring 7 bighas 3 biswas, situated at Mauja Bhaget, Pargana Chail, Tehsil Kandaghat, District Solan (hereinafter referred to as 'suit land').

(3.) Plaintiffs-respondents pleaded that they are recorded as "Gair Maurusi Tenant " over the suit land as per latest Jamabandi, but they have become owners of the land in dispute by operation of law. It was further pleaded that the plaintiffs-respondents are successors-in-interest of deceased Kirpa Ram, who has been shown in possession of land in dispute as tenant on the share of deceased Shonkia. Plaintiffs-respondents claimed that they have become owners of the suit land by virtue of operation of law after H.P. Tenancy and Land Reforms Act, 1972 came into operation. Since defendant with malafide intention started advancing threats to encroach upon the land of the plaintiffs-respondents, they were compelled to file the suit as referred herein above.