MAHINDER SINGH Vs. LACHOO RAM

JUDGEMENT

(1.) This is the plaintiffs regular second appeal against the judgment and decree dated 16.9.1988 of the learned Additional District Judge (II), Kangra at Dharamshala, reversing the judgment and decree dated 17.5.1985 of the learned Sub Judge Its Class(II), Nurpur.

(2.) The subject matter of dispute between the parties is the land measuring 8 kanalas 2 marlas comprising of Khasra No.2 1649 -min of Tika and Mauza Suliali, Tehsil Nurpur, District Kangra, specifically described in the plaint and hereinafter referred to as the land in dispute.

(3.) The plaintiff by claiming himself to be the owner and in possession of the land in dispute filed a suit for declaration and injunction and in the alternative for possession of the land in dispute. It was averred that the land in dispute was being wrongly recorded as in possession of Chet Ram, defendant No.3, as non -occupancy tenant till Kharif 1972 and in Rabi 1973, it came to be wrongly recorded as in possession of Kura, father of defendants 1 and 2, as non -occupancy tenants. Neither Chet Ram nor Kura above named was ever inducted as a tenant by the plaintiff qua the land in dispute The defendants taking advantage of the wrong revenue entries have started interfering with the possession of the plaintiff with the sole object of taking forcible possession thereof. It was further pleaded that in case the defendants were able to take possession of the land in dispute, a decree for possession be granted in favour of the plaintiff.