JAI KRISHAN Vs. BHAGWAN CHAND & ORS

JUDGEMENT

(1.) Both these appeals have been filed by appellant Jai Krishan against the common judgment and decree dated 20.3.2004 passed by learned District Judge, Shimla, Camp at Rohru in Civil Appeal Nos.76-R/13 of 2003, affirming the common judgment and decree dated 25.10.2000 passed by learned Sub Judge 1st Class, Court No.1, Rohru in two Civil Suits No.62-1 of 1997/135-1 of 1999 and 63-1 of 1997, whereby the suit filed by the appellant herein was dismissed and that of the respondent was decreed.

(2.) The main dispute between the parties relates to the land measuring 0-08-91 hectares comprising of Khata Khatauni No.31/60, Khasra No.138 old (new No.125), situate in Chak Thana, Tehsil Rohru, District Shimla. Principal contestants in the two suits were Bhagwan Chand and Jai Krishan even though some other parties were also impleaded in the suit.

(3.) Briefly the contention put forth by Bhagwan Chand was that he was the owner in possession of the disputed land which was earlier owned by his predecessors, who had mortgaged the same about 70 years ago in favour of the predecessors of Jai Krishan and others and this mortgage was redeemed by his father prior to 1950 and since then he claimed to be in possession of this land. It is averred that the disputed land was allotted to Bhagwan Chand by his father in a private partition in the year 1996 and since such partition, the disputed land was claimed to be in his exclusive possession. Bhagwan Chand further claimed that his father had planted 30 plants of apple on this land. It is also averred that in the year 1997, defendant Jai Krishan (appellant herein) had uprooted the apple plants from the disputed land and tried to take the forcible possession of the same against Bhagwan Chand. Jai Krishan is also said to have got revenue entries showing him to be in possession of the disputed land recorded fraudulently in connivance with settlement staff.