KAMLESH KUMARI Vs. PIARO DEVI

JUDGEMENT

(1.) The plaintiffs are in appeal against judgment, decree dated 31.8.1995 passed by learned District Judge, Una in Civil Appeal No. 156 of 1990, allowing the appeal of the original defendant and dismissing the suit of the plaintiffs. The parties are referred in the same manner as in the trial Court.

(2.) The plaintiffs filed a suit for declaration that they are owner in possession of land comprised in Khewat No. 14, Khatauni No. 15, Khasra No. 178, measuring 5 Kanals 1 marla vide jamabandi for the year 1982-83, situated in village Bagga Barot, Tehsil Amb, District Una. The entry of tenant at-will in favour of defendant in Misal Hakiat is wrong and illegal as Assistant Consolidation Officer (ACO) had no jurisdiction to make this entry in favour of the defendant. The consequential relief of permanent injunction restraining the defendant from interfering in possession of the plaintiffs has also been prayed. In the alternative, prayer for possession of the suit land has also been made.

(3.) The further case of the plaintiff is that they are in possession of the suit land and entry of defendant as tenant on the suit land on the basis of order of ACO, Gagret was not to the knowledge of plaintiffs. The suit land was given to the plaintiffs by the Consolidation Department in partition and they are in actual cultivating possession of the suit land. The defendant was never inducted as tenant by the plaintiffs over the suit land. The defendant has no right, title or interest in the suit land. The defendant on the basis of wrong entry of tenancy of the suit land and subsequent mutation of conferment of proprietary rights of the suit land in his favour was threatening to take forcible possession of the suit land from the plaintiffs. On these grounds the plaintiffs filed the suit