LUDAR MANI Vs. HEM DUTT & ANOTHER

JUDGEMENT

(1.) The instant appeal is directed by the aggrieved plaintiff, against, the, concurrently recorded verdicts, by both the learned courts below, whereunder, a, disaffirmative decree, stand, recorded visavis the plaintiff. The plaintiff being aggrieved therefrom, has, hence preferred the instant appeal, before this Court.

(2.) Briefly stated the facts of the case are that one Dumna Ram, s/o Poshu was recorded as non occupancy tenant in the land comprised under old kh. kh. No. 29/70, khasra Nos. 1167, 1172, 1177, 1270, 1305, 1313, 1365, 1455, 1468, 1521, 1522, 1614, 1621, 1623, 1636, 1137, 1144, 1377, 1543, 1257, 1326, 1667 kita 22, measuring 6 46 bighas, situated at village Bakhrogi, H.B. No. 172 @ Mastgarh, Tehsil Chachiot, District Mandi, H.P. In this land Sh. Dumna Ram as non occupancy tenant to the extent of ¼ share of the H.P., and, he was non occupancy tenant to the extent of ¾ share of owner Madho Prasad and others.

(3.) That later on Prakash Chand defendant No.2 joint owner of the ¼ share out of the above land inducted defendant No.1 as non occupancy tenant under him in respect of the land comprising khasra No. 1257, 1326 and 1667, kitas 3 measuring 1141 bighas. Later Sh. Dumna Ram acquired the proprietary rights qua ¾ share in which he was non occupancy tenant and while the proprietary rights qua the land of ¼ share of Prakash Chand (defendant No.2) were conferred upon defendant No.1. Hem Dutt vide mutation No. 180 on dated 16.5.1989.