DEVTA SHRI AJMAL Vs. DILU

JUDGEMENT

(1.) The defendant Devta Shri Ajmal of village Soyal, has directed the present Regular Second Appeal against the judgment and decree dated 20 -1 -1990 of the learned District Judge, Mandi Division, campt at Kullu, modifying the judgment and decree dated 13 -5 -1986 of the learned Sub -Judge 1st Class, Kullu.

(2.) The subject -matter of dispute between the parties is the land measuring 21. Bighas 5 Biswas comprising of khasra Nos. 1213, 3715, 3715/1. 3746 and 3744 of Phati and Kothi Kais. Tehsil and District, Kullu, specifically described in the plaint and hereinafter referred to as -the land in dispute.

(3.) The plaintiffs sought a declaration as to their title as owners of the land in dispute and. permanent injunction for restraining the defendant/ from interfering in any manner with their ownership and possession qua the land in dispute It was averred that the land in dispute was previously owned by the defendant The same was under the tenancy of Tulsu the predecessor in -interest of the plaintiffs. After the death of the said Tulsu, the plaintiffs succeeded to such tenancy rights. The continued to remain in possession of the land in dispute as tenants at will till the coming info force of the H.P. Tenancy and Land Reforms Act. 1972. On the coming into force of the said Act they have acquired proprietary rights thereto and are now coming in possession of the same as awners. It hats further been pleaded that the Collector has wrongly refused to confer proprietary rights qua the land in dispute on the plaintiffs vide mutation No. 3208 dated 10 -12 -1984, though proprietary rights with regard to another 3 Bighas 12 Biswas of land were conferred on them Such order of the Collector is bad and against Jaw and facts. On the basis of such wrong order, the defendant has started interfering with the plaintiffs, possession over the land in dispute,