KASHMIR SINGH Vs. JAMISIA DEVI

JUDGEMENT

(1.) This Regular Second Appeal has been directed by the plaintiff against the judgment and decree dated 6 -6 -1988 of the learned District Judge, Una reversing the judgment and decree dated 28 -8 -1980 of the learned sub -Judge 1st Class (i), Una. The subject -matter of dispute between the parties is the land comprising of Khasra Nos. 2815, 2816 and 2817 of village Amb, specifically described in the plaint and Jamabandi for the year 1966 -67 and hereinafter referred to as the land in dispute. Briefly stated the facts of the case as enumerated in the plaint are these. The plaintiff is coming in cultivatory possession of the land in dispute and some other land as a tenant under defendants No. 2 to 11 on payment of annual rent of Rs. 60/ -. Land measuring 10 Kanals 1 marla comprising of Khasra Nos. 2807, 2812, 2813 and 2814 out of the land in possession of the plaintiff was given by him to defendant No. 1 for cultivation. He also provided material to defendant No. 1 for the consruction of a hut (Chhapar) in the said land. Three kanals three marlas of land representing 1/8th share of defendant No. 3 in the land in possession of the plaintiff was purchased by him on 23 -6 -1970 for a consideration of Rs. 1000/ -. Defendant No. 1 also purchased 5 Kanals 6 Marias of land representing 1/6th share in the land measuring 31 Kanals 16 marlas out of Khasra Nos. 2807, 2812, 2813 and 2814, 2815 and 2817 from defendant No. 3 for a consideration of Rs. 1400/ -.

(2.) Defendant No. 1 moved an application against defendant No. 2 for correction of the revenue entries qua the land in dispute. Such application was also resisted by the plaintiff. The Assistant Collector on 24 -7 -1973 ordered the correction of the revenue entries in favour of defendant No. 1 qua the land in dispute except land comprising of Khasra No. 2816. This order of the Assistant Collector was assailed by both the plaintiff and defendant No. 1 before the Collector by way of two separate appeals. The Collector on 22 -10 -1974 dismissed the appeal of the plaintiff and allowed the appeal of defendant No. 1 thereby ordering correction of revenue entries qua khasra No. 2816 also in his favour.

(3.) The plaintiff thereafter filed the suit out of which the present appeal has arisen for declaration that the orders of the Assistant Collector and the Collector are illegal, null and void and inoperative as against him. He also sought for permanent injunction for restraining defendant No. 1 from interfering in any manner with his possession over the land in dispute. Defendants 3 to 11 admitted the claim and suit of the plaintiff. Defendant No. 2 while admitting that the land in dispute is jointly owned by defendants 2 to 11, asserted his exclusive hissadari possession over the same. He denied the possession of the plaintiff. Defendant No. 1 while resisting the suit claimed that he is in possession of the land in dispute as a tenant. The possession of the plaintiff was denied. He also raised legal objections as to estoppel and maintainability of the suit. Following issues were framed by the learned trial court: -