KUNJ LAL & OTHERS Vs. RAM SWAROOP

JUDGEMENT

(1.) The instant appeal is directed, against, the concurrently recorded verdicts by both the learned Courts below, whereby, the plaintiff's suit for rendition, of, a decree for declaration, as well as for, rendition of a decree for permanent prohibitory injunction qua the suit khasra number(s) , was, hence dismissed.

(2.) Briefly stated the facts of the case are that the plaintiffs have filed a suit for declaration against the defendant to the effect that the plaintiffs are the owners in possession of land comprised in Khata No.47 min, Khatauni No.71, Khasra No.232, measuring 0-04-27 HM, as per jamabandi for the year 1995-96, situated in Mohal Lodwan, Mauza Bassa, Gudialan, Tehsil Nurpur, District Kangra, H.P., and that the defendant has no right, title or interest over the suit land and the revenue entries showing the defendant as Kabaz are illegal, null and void.

(3.) The defendant contested the suit and filed written statement, wherein, he has taken preliminary objections inter alia maintainability, locus standi, cause of action etc. On merits, the case of the plaintiffs has been denied. It is pleaded that the defendant was a tenant of original owner Dina Nath. It is pleaded that defendant is coming in possession of the suit land and on coming into force the H.P. Tenancy and Land Reforms Act, he became owner of the suit land on the prescribed day.