LAWS(HPH)-1996-5-18

PRITAM CHAND Vs. KRISHAN KUMAR

Decided On May 13, 1996
PRITAM CHAND Appellant
V/S
KRISHAN KUMAR Respondents

JUDGEMENT

(1.) A very short question is involved in the second appeal and it relates to the jurisdiction of the Civil Court to try the present suit The parties, hereinafter in the judgment, would be referred to as plaintiffs and defendants.

(2.) The plaintiffs sought a decree for declaration and injunction from the Court to the effect that they are the tenants in respect of the land in question and are non -occupancy tenants on payment of ˜Batai It is said that revenue entries are not projecting them correctly and the entries showing the defendants to be the owners in possession, are wrong. A further injunction is sought that the defendants be restrained from interfering with the peaceful possession of the plaintiffs over the suit land.

(3.) In defence, the suit was resisted on the ground that the plaintiffs are not proved to be tenants of the land in dispute and it is the defendants who are owners in possession. An application made earlier by the predecessor -in interest of the plaintiffs for the correction of the revenue entries, stands dismissed.