LAWS(HPH)-1986-11-6

CHINTI Vs. HARMINDER

Decided On November 17, 1986
CHINTI Appellant
V/S
HARMINDER Respondents

JUDGEMENT

(1.) This Regular Second Appeal arises out of Civil Suit No. 79 of 1967 instituted in the Court of Sub Judge, Una, by the present appellant, hereinafter called "the plaintiff". The relief claimed in the suit was for possession of different parcels of land measuring in all 74 Kanals 16 Marlas and as detailed in the decree sheet of the Court below. The suit was decreed by the trial Court but on appeal that decree was reversed and the suit dismissed by the District Judge.

(2.) The following pedigree table, the correctness of which is not in dispute, would help in appreciating the controversy involved in this appeal :-

(3.) The land forming subject matter of this litigation is comprised in four different Khewats, being Khewat Nos. 46, 11, 34 and 120. Khewat No. 46 was jointly owned by Dalipu and Balanda in equal share. Khewat No. 120 was owned exclusively by Dalipu. The other two Khewat Nos. 11 and 34 were jointly owned by Balanda and Dalipu along with several other co-sharers. Dalipu and Balanda each had 1/6th share in Khewat Nos. 34 and 49/1176th share in Khewat No. 11.