RAMESH KUMAR AND OTHERS Vs. NIAZ DEEN

JUDGEMENT

(1.) The instant appeal is directed against the judgment and decree rendered by the learned District Judge, Una, whereby the learned First Appellate Court dismissed the appeal preferred by the plaintiff affirming the judgment and decree rendered by the trial Court on 14.12.2004.

(2.) Brief facts of the case are that the plaintiff claiming to be exclusive owner of land comprised in Khewat No. 10, Khatauni No. 28, Khasra Nos. 218, 221, 222, 226, 229, 231, 232 and 240 situated in Guliar Village, Tehsil Amb, District Una and averred in the plaint of never inducted the defendant as tenant on the suit land. On February 1, 1987 the defendant filed against the plaintiff a suit for declaration and injunction which was registered as Civil Suit No. 38 of 1987. The declaration sought for was that he was in possession of the suit land as tenant at will and has become owner thereof by virtue of the provisions of the H.P.Tenancy and Land Reforms Act and the Rules framed thereunder. Alleging the defendant's claim to be false, the plaintiff averred that he was never served with a notice of the above suit and the plaintiff never appeared before the court to make any statement of compromise.

(3.) The defendant filed the written statement and taken the preliminary objections regarding lack of locus standi, plaintiff being estopped by his act and conduct to file this suit and suit being barred by limitation. The contents of the plaint were denied. It was asserted that the suit land was previously owned by the plaintiff but the same has been coming in possession of the defendant as non-occupancy tenant on payment of annual rent and he has become owner by virtue of H.P.Tenancy and Land Reforms Act.