BUDH RAM Vs. NANKI DEVI

JUDGEMENT

(1.) THE present second appeal has been filed against the judgment dated 10.6.1997 of District Judge, whereby judgment and decree of the trial Court decreeing the suit of respondent Tisu Ram (since deceased and now represented by LRs), hereinafter called plaintiff, has been upheld and the appeal dismissed.

(2.) FIRST , the relevant facts may be noticed. Respondent Tisu Ram, now deceased and represented by his legal representatives, filed a suit for declaration that he was owner in possession of land measuring 21 bighas 18 biswas, as described in the plaint, and that the order of review of mutation dated 23.6.1988, passed by the Assistant Collector, Bilaspur, setting aside the mutation order dated 27.7.1981 of conferment of proprietary rights upon him, in respect of the suit land was illegal, without jurisdiction and as such not binding upon him. By way of further prayer, he prayed for permanent prohibitory injunction restraining appellant Budh Ram, hereinafter called defendant, from interfering in his possession and right of enjoyment of suit property as owner.

(3.) PLAINTIFF filed suit challenging the legality and validity of the said order dated 23.6.1988 and seeking declaration that he was owner in possession of the suit land by virtue of the provision of Section 104 of the H.P. Tenancy and Land Reforms Act, 1972 and mutation order dated 27.7.1981, which had illegally been reviewed.