BALA RAM Vs. DHARAM PAL

JUDGEMENT

(1.) - Plaintiff Shri Jhalu Ram, predecessor -in -interest of the present respondents, filed a Civil Suit against the present appellants -defendants praying for a decree of permanent prohibitory injunction pleading ownership and possession of the land comprised in Khasra Nos. 617 and 618, measuring 2.14 bighas, situated at Mauza Trai, Pargana Karoli, Tehsil and District Shimla (hereinafter referred to as the ˜suit land). The plaintiff being a poor Harijan and an illiterate person was being pressurized by the defendants being influential persons, to surrender the possession of the suit land. During the pendency of the suit, the plaint was amended seeking possession of the suit land.

(2.) The defendants resisted the suit on the ground that the possession of the suit land was handed over to them about 18 years ago and pursuant to their application dated 20.5.1988 seeking correction of the revenue entries, when the Field Kanungo visited the spot on 9.9.1988, the plaintiff admitted their possession. Revenue entries inflecting the ownership and title of the plaintiff was disputed by the defendants.

(3.) Based on the pleadings of the parties, the trial Court framed the following issues: 1. Whether the plaintiff is entitled for the relief of permanent injunction, as prayed? OPP 2. Whether the revenue entries in favour of the plaintiff are wrong and illegal as alleged? OPD 3. Whether the suit is not maintainable? OPD