HUSSAIN MOHAMMED Vs. GURDAS

JUDGEMENT

(1.) Present review petition is filed under Order 47, Rule 1 read with Section 114 CPC for review of order dated 25.02.2016 passed in CMPMO No.81 of 2015 title Hussain Mohammed and Others v. Gurdas.

(2.) Plaintiff Gurdas filed a suit for declaration to the effect that plaintiff is exclusive owner in possession of the land measuring 0-24-27 hectares comprised in Khewat No. 14 min Khatauni No. 48 min Khasra Nos. 398, 399, 400 to 402, 404 and 405 as recorded in jamabandi for the year 1995-96 situated in Mauza Kotla Tehsil Amb Distt. Una (H.P.). Plaintiff sought declaration that the entry appearing in the name of defendants in the column of ownership and cultivation showing them to be exclusive owner in possession of the suit land is wrong, illegal, void ab-initio and has no effect on the right, title or interest of the plaintiff. Plaintiff also sought declaration that defendants be restrained from causing any sort of interference i.e. changing the nature and character and cutting and removing the trees and from alienating the suit land in any manner and in alternative plaintiff sought relief of possession also.

(3.) Per contra written statement filed on behalf of defendants/ petitioners pleaded therein that suit is not maintainable and plaintiff is estopped by his act and conduct to file the present suit. It is pleaded that suit is not filed within time. It is pleaded that plaintiff has no cause of action and locus-standi to file the present suit. It is pleaded that jurisdiction of the Civil Court is barred. It is pleaded that the suit land is coming in possession of the defendants since long since the time of their ancestors and it is pleaded that the ancestors of defendants were non-occupancy tenants. Prayer for dismissal of the suit sought.