LAWS(HPH)-1996-12-9

NATHI Vs. SLID NEEL CHAND

Decided On December 17, 1996
NATHI Appellant
V/S
SLID NEEL CHAND Respondents

JUDGEMENT

(1.) -This Regular Second Appeal has been directed by the plaintiff Smt. Nathi against .the judgment and decree dated 24.2.1989 of the learned District Judge, Mandi, Camp at Kullu, affirming the judgment. and decree dated 29.6.1985 of the learned Sub-Judge First Class, Kullu,' passed in Civil Suit No. 52 of 1985/77 of 1982.

(2.) The subject matter of the dispute between the parties is the land measuring 3-7-0 Bighas comprising of khasra No. 1199 and 1356, khata No. 268-min, and khatoni No. 654 of Phati Kashawari Kothi Kais, Tehsil and District Kullu, specifically described in the plaint and hereinafter referred to as the land in dispute.

(3.) One Bhole Ram was in possession of the land in dispute as a non-occupancy tenant. He died about thirteen years before the filing of the suit, out of which the present appeal has arisen, that is, sometime in the year 1969. After his death, the necessary mutation of inheritance of his tenancy rights qua the land in dispute came to be sanctioned in favour of the parties in equal shares being the widow and son, respectively.