MOHINDER SINGH AND OTHERS Vs. NIKKU RAM

JUDGEMENT

(1.) By way of this appeal, the appellants/plaintiffs have challenged the judgment passed by the Court of learned District Judge, Una, in Civil Appeal No. 41 of 2007, dated 31.01.2008, vide which, learned Appellate Court dismissed the appeal of the present appellant and upheld the judgment passed by the Court of learned Civil Judge (Jr. Divn.), Court No. 2, Amb, District Una, in Civil Suit No. 83 of 2000, dated 31.05.2007, whereby, learned trial Court had returned the plaint of the plaintiff after endorsement under Order 7, Rule 10 (2) of the Code of Civil Procedure (for short 'CPC) on the ground that the Civil Court was not having the jurisdiction to decide the matter in dispute.

(2.) This appeal was admitted on 20.11.2008 on the following substantial questions of law:

(3.) Brief facts necessary for the adjudication of this case are that the appellants (hereinafter referred to as 'plaintiffs') filed a suit for declaration to the effect that they were owners in possession of the suit property being part of courtyard of the residential abadies and defendant had no right, title and interest over the land measuring 0-00- 76 hectares, comprised of Khewat No. 214 min, Khatauni No. 299 min, Khasra No. 1473 (old) and Nos. 1155 and 1188 (new) as entered in Nakal Misal Hakiat Istemal for the year 1998-1999, situated in village Nari, Tehsil Amb, District Una, H.P.(hereinafter referred to as 'suit land') and entries in the revenue record in the name of defendants as owner in possession were wrong, illegal, void without the order of any competent authority and ineffective as against the rights of the plaintiffs. Plaintiffs had further prayed for issuance of decree of permanent injunction as a consequential relief restraining the defendants from forcibly ousting the plaintiffs or raising any construction over the suit land.