KHEM SINGH Vs. DILA RAM

JUDGEMENT

(1.) The present petition arises out of the order passed by the learned Senior Civil Judge, Court No.1, Mandi, H.P. dtd. 7/1/2026, whereby an application filed by the petitioner/ defendant under Order 8 Rule 1-A CPC read with Sec. 151 of CPC for tendering in evidence copy of Jamabandi for the year 1973-1974 alongwith the copies of mutation Nos. 236 and 239, attested in the year 1989, has been dismissed.

(2.) Brief facts of the case are that the respondent/ plaintiff had filed a suit for declaration, possession, confirmation of joint possession, prohibitory injunction and consequential relief under Ss. 5, 34 to 38 of the Specific Relief Act. It has been averred in the plaint that the suit land was recorded in the non occupancy tenancy of late Sh. Fithiya, S/O Sh. Chaitru, as a non occupancy tenant, under the owners named Musamaat Nagan and Radhu. After acquiring ownership of suit land, said Fithiya died issueless and was survived by his two brothers namely Leghu and Jindu. Leghu was the predecessorin- interest of the plaintiff, whereby Jindu was the predecessorin- interest of defendant No.1, and proforma defendants Nos. 2 and 3. Acting clandestinely, Jindu, the predecessor-in-interest of defendant No.1 in connivance with the revenue authorities, acting at the back of Leghu ( the predecessor-in-interest of plaintiff) got the proprietary rights entered into Jamabandi for the year 1973-74 by tempering the revenue record by cutting the name of Fithiya and overwriting the name of Jindu, without any mutation and order of any competent revenue authority. Therefore, the change as made in the revenue record is illegal, null and void.

(3.) The suit was filed by the plaintiff/ respondent on 30/6/2015 as revealed from the copy of the plaint appended with the present petition.