SAIN DASS Vs. SANBHU RAM AND ORS.

JUDGEMENT

(1.) THIS revision under Section 115 of the Code of Civil Procedure (shortly called the Code) has been filed by Sain Dass challenging the order of the Senior Sub -Judge, Hamirpur passed on 2 -12 -1976, dismissing the application of the Defendant for re -cast and change of the burden of issue No. 1 framed in the suit.

(2.) SARVSHARI Shambhu Ram and others have filed a suit for possession of the land mentioned in para 1 of the plaint on the allegations that they are the owners of the land as recorded in the jamabandi, but during the consolidation operations after 1963, the Defendant who is a collateral of the Plaintiffs in the third degree was recorded as a tenant under the Plaintiffs and this was done in collusion with the constructed a house thereon. In fact, the Defendant had no concern with the land his possession was unlawful.

(3.) RELIEF .