MAN DASS Vs. DEV DASSI & ANOTHER

JUDGEMENT

(1.) This regular second appeal has been filed by appellant against judgment and decree dated 30.06.2006, passed by learned District Judge, Kullu, vide which judgment and decree dated 30.11.2005 passed by learned Civil Judge (Senior Division), Lahaul & Spiti at Kullu dismissing the suit of appellant-plaintiff was affirmed.

(2.) Brief facts of the case are that father of appellant (plaintiff) had filed a suit for declaration and permanent prohibitory injunction against the respondents-defendants. It was alleged by plaintiff that suit land, earlier owned and possessed by Karmi son of Devi Ram son of Tula son of Agru has been inherited by plaintiff on death of Shri Karmi on 8.09.2002 and the same was in possession of the plaintiff as owner thereof. The plaintiff had sought further declaration to the effect that mutation No. 1115, qua suit land decided on 21.03.2003 by Assistant Commissioner-II, Grade Banjar attested in favour of defendants was illegal, void and inoperative and plaintiff was not bound by the same. As consequential relief, permanent prohibitory injunction restraining defendants from interfering in ownership and possession of plaintiff was also sought for.

(3.) It was alleged that Shri Karmi was un-married and issueless and had died intestate and plaintiff being only agnate and sole heir of the deceased Karmi had inherited suit land on death of Karmi on 8.09.2002. It was alleged by plaintiff that by taking advantage of his illiteracy, leprosy and old age defendants, in connivance with revenue officials to grab the land of plaintiff i.e. suit land, had managed attestation of mutation No. 1115 in their favour despite the fact that defendants were not daughters of deceased Karmi and as such were not heir of Karmi. It was alleged that one Agru son of Dhanu was common ancestor of deceased Karmi and plaintiff. Shri Agru had four sons namely Tula, Sablu, Ram Dass and Dharmu. Tula was grandfather of deceased Karmi and Sablu was grand-father of plaintiff Paras Ram and Ram Dass was grandfather of Shri Lachhi Ram. Dharmu had only one son namely Anant Ram who had died issueless. Lachhi Ram son of Hirdu son of Ram Dass has predeceased. Therefore, it was alleged that plaintiff was agnate of nearest degree to the deceased Karmi and was owner in possession of suit land and defendants had no concern with suit land.