DINA NATH Vs. SAMADH CHUNI MUNI

JUDGEMENT

(1.) This appeal is directed against the decree and judgment dated 30 -9 -1988 passed by the Additional District Judge, Mandi, Kullu and Lahaul and Spiti Districts at Mandi, whereby the appeal of the appellant defendant was dismissed and the decree and judgment dated 31 -1 -1985 of Sub -Judge (2), Mandi, District Mandi, was affirmed, The Sub -Judge had decreed the suit of the respondent -plaintiff for possession of land measuring 200 -57 Square meters comprised in Khasra No 27 situated in Mohal Paddal, Mandi town (hereinafter called "the land in dispute").

(2.) The respondent -plaintiff, Samadh Chuni Muni is a temple where an idol of Shivlinga of Lord Shiva is worshipped by the people. It is the owner of the land in dispute being managed by its Shebaits, namely, Moti Ram and others.

(3.) While decreeing the suit of the respondent plaintiff, both the Courts below have concurrently rejected the defence of the appellant defendant that he was inducted as tenant at an annual rent of Rs. 6/by one of the Shebaits namely, Sunki, by Agreement dated 15 -11 -1966, Ex PW 2 -A, since when he has been continuing in possession and has acquired proprietary rights after the coming into force of the H.P. Tenancy and Land Reforms Act (hereinafter called the Act").