NAROTAM CHAND Vs. KASHMIR SINGH AND OTHERS

JUDGEMENT

(1.) The plaintiff is the appellant, who after having lost before both the learned Courts below, has filed the instant regular second appeal. The parties hereinafter shall be referred to as the plaintiff and defendant.

(2.) The brief facts of the case are that the plaintiff filed a suit for permanent injunction on the allegations that the suit land comprised in Khata No.184, Khatauni No.404, Khasra Nos. 257 and 258, kitas-2, measuring 0-30-48 hectares, situate in Mohal and Mauza Haar Daroh, Tehsil Palampur, District Kangra, H.P. (hereinafter referred to as the suit land) is fully owned and possessed by him and despite the defendant having no right, title and interest in the suit land, he is interfering with the same.

(3.) The defendant contested the suit by filing written statement wherein preliminary objections regarding maintainability, cause of action, estoppel, locus standi, non-joinder and mis-joinder of necessary parties, were taken. On merits, it was denied that the plaintiff is exclusive owner in possession of the suit land, rather it was averred that it is the defendant, who in fact is in actual and physical possession of the suit land and the existing revenue entries are merely paper entries and are against the actual and factual position existing on the spot. It was averred that the defendant is in possession of the suit property since the time of his forefathers. However, half share contained in Khasra No.50 which was assigned new Khasra No.258 during settlement was under mortgage with Devi Singh and Piar Singh sons of Rijhu and the same had been redeemed by him in the year 1991-92 after payment of the mortgage money. The plaintiff was never in possession of the suit land in any capacity and the entries in the revenue records showing him as a tenant had been incorporated illegally and unauthorizedly in collusion with the settlement field staff during current settlement. It was further averred that there was no conferment of right, title and interest upon the plaintiff and, therefore, these entries are required to be declared null and void.