JAGANNATH Vs. OM PRAKASH

JUDGEMENT

(1.) THIS regular second appeal has been filed against the judgment dated 5th January, 1994 passed by District Judge in Civil Appeal No. 179 of 1982 titled as Om Prakash v. Jagan Nath, whereby the judgment and decree dated 23rd March, 1982 passed by Sub Judge, 1st Class, Dharamsala has been set aside.

(2.) FOR the purpose of convenience, the appellant herein is referred to as the 'plaintiff' and the respondent is referred to as the 'defendant'.

(3.) THE plaintiff filed a suit for declaration that he is the owner in possession of property comprising in Khasra Nos. 381, 391, 392 of Khata No. 1 and Khasra No. 382 of Khata No. 2 Khatauni No. 3 situate in Mohal Lanj, Tehsil and District Kangra and that the defendant, who was the caretaker, in his absence and without his consent got an entry of the suit land recorded in his favour as tenant in collusion with revenue staff and was never inducted as tenant either by him or by his predecessor.