SEETA DEVI & ORS. Vs. KARTARA

JUDGEMENT

(1.) Appellants herein have challenged the judgment and decree dated 21.05.2005 passed by the Court of learned Presiding Officer (Additional District Judge), Fast Track Court, Kangra at Dharamshala, H.P., in Civil Appeal No. 72 -N/04/01, vide which, learned Appellate Court has reversed the judgment and decree dated 30.09.1999 passed by the Court of learned Sub Judge Ist Class (II), Nurpur, in Civil Suit No. 451/94.

(2.) This appeal was admitted on 31.05.2007 on the following substantial question of law: -

(3.) Respondent/plaintiff Kartara filed a suit for declaration to the effect that he was owner in possession of land comprised in Khata No. 124 Min (2 Min Red), Khatauni No. 300, Khasra Nos. 1190, 1191, 1192, 1197, 1203, measuring 0 -40 -99 Hectares, situated in Mauza Barota, H.B. No. 68, Tehsil Indora, District Kangra and the defendant had no concern or connection with the suit land nor he has been in possession of the suit land, so the question of defendant being "Kabiz" on the said land does not arise, with consequential relief of permanent injunction, restraining and preventing the defendant from interfering in any manner whatsoever over the suit land. The plaintiff alternatively prayed for possession of the suit land.