NARPAT RAM Vs. RUKMANI

JUDGEMENT

(1.) RESPONDENT No. 7 Paras Ram son of Sh. Kusla herein (hereinafter referred to as the plaintiff) filed a suit for declaration and permanent prohibitory injunction against the present appellant -Narpat Ram son of Sh. Bakiru as defendant No. 1 and Shri Paras Ram son of Shri Narainoo as defendant No. 2 predecessor -in -interest of present respondents No. 1 to 6.

(2.) THE suit was filed on the ground that the plaintiffs father Shri Kusla was the owner in possession of the land measuring 107 bighas comprising in Khata Khatuni No. 31/34, Khasra No. 79 situated in village Kiar, Pargana Kolka, Teshil Arki, District Solan, H.P. (hereinafter referred to as the land). Vide registered gift deed (Ext. PW -1/A) dated 30th August, 1977, the plaintiffs father (Kusla) transferred the land to the plaintiff. But, however in the revenue record as per mutation No. 162 dated 21st November, 1977 the name of the plaintiffs father was wrongly mentioned as Gursu. The revenue official i.e. Patwari Halqa without the order of the competent authority and in connivance with the defendants changed the revenue record and by putting an arrow inserted the name of Narainoo as father of the Paras Ram and as such the name of plaintiff was substituted with that of defendant No. 2 in the revenue record. Thereafter defendant No. 2 sold the land to defendant No. 1 and on the strength of the same, the plaintiffs possession was sought to be interfered with. The actions of the defendants were challenged in the suit.

(3.) BASED on the pleadings of the parties, the trial Court framed the following issues :