CHAUDHARI RAM Vs. NATHU RAM AND ANOTHER

JUDGEMENT

(1.) The instant appeal stands directed against the impugned judgement and decree of the learned Additional District Judge, Ghumarwin, District Bilaspur, H.P., whereby he affirmed the rendition of the learned Senior Sub Judge, Bilaspur, District Bilaspur, Himachal Pradesh, Camp at Ghumarwin. The plaintiffs standing aggrieved by the concurrently recorded renditions of both the learned Courts below, concert through the instant appeal constituted before this Court, to beget reversal of the judgements and decrees of both the Courts below.

(2.) The facts necessary for rendering a decision on the instant appeal are that the plaintiff was the owner in possession of land measuring 0-2 biswas, bearing Khasra No. 95, situated in village Lethwin. In the year Sambat 2010 B.K the suit land was given on lease to defendant No.1 on payment of rent of Rs.1/- per annum. The defendant No.1 had constructed a house on the suit land. Lateron the lease was terminated in the year Sambat 2025 B.K. when the defendant No.1 executed an agreement and the plaintiff paid Rs.300/- to defendant No.1. The defendant No.1 had removed the material of house from the suit land and he permanently shifted to his native village Barota. Thus, the suit land had been coming in possession of the plaintiff since Sambat 2025 B.K. But the defendant No.1 had illegally sold the suit land vide sale deed dated 18.08.1994 in favour of defendant No.2. The defendant No.2 had threatened to interfere with possession of plaintiff and to raise construction on the suit land. Hence, the suit.

(3.) The suit was contested by defendants. They filed written statement, wherein they raised preliminary objections about maintainability of the suit and cause of action. On merits of the case, the defendants refuted entire case of the plaintiff. They further alleged that possession was not handed over to plaintiff nor any agreement was executed by defendant No.1 in favour of defendant No.2. The defendants refuted entire case of the plaintiff and they prayed for dismissal of the suit.