BANARSI DASS Vs. BABU RAM

JUDGEMENT

(1.) This second appeal has been filed by the Defendants-Appellants against the judgment and decree of the lower Appellate Court, i.e. the Additional District Judge, Una dated 19.6.1992. As a result of the same, by reversing the judgment and decree of the trial Court, i.e., the Court of Sub-Judge (II), Una dated 19.3.1988 dismissing the suit of the Plaintiff-Respondent, his suit has been decreed.

(2.) The Plaintiff filed a suit for declaration to the effect that the Plaintiff is owner and in possession of 10 shares besides 3 shares of land measuring 13 Kanals 9 Marlas bearing Khewat No. 630 Min, Khatauni No. 3078, Khasra Nos. 2826, 2827, 2828, 2829, 2830, 2834, 2835, 2836, 2837 as entered in Jamabandi for the year 1981-82 situated in Village Badehar alias Dehlan H.B. No. 219 and the entry appearing in the cultivation column in the name of the Plaintiff as tenant at-will with respect to 10 shares under S/Sh. Banarsi Dass, Vidya Sagar Defendants and their names appearing in the ownership column with respect to half share in the Khata is wrong, illegal against facts and void and has got no effect on the rights of the Plaintiff as owner, with a consequential relief of permanent injunction restraining the Defendants from asserting or claiming any right in the suit land to the extent of half share in the above-mentioned land.

(3.) It was pleaded by the Plaintiff-Respondent that one Kanta Devi was owner to the extent of 1/2 share of total land measuring 13 Kanal 9 Maria. She sold her share to the Defendants by a registered sale deed dated 11.8.1969. It was pleaded that the Plaintiff, being a co-sharer in the joint Khata, filed a suit for pre-emption against the Defendants, being Civil Suit No. 265/70, which was compromised by the parties in the Court of then Sub-Judge, Una. In consequence thereof, the Plaintiff paid the entire pre-emption amount of Rs. 1,500/- to the Defendants on 30.11.1970 and the suit was decreed in his favour.