KRISHNA AND ANOTHER Vs. MOHAN LAL

JUDGEMENT

(1.) The Defendant has come up in this second appeal against the concurrent judgments and decrees of the Courts below, whereby the suit of She Plaintiff-Respondent has been decreed for declaration that the revenue entries in favour of the Defendant styling him as a tenant on the suit land are wrong and also a decree of permanent injunction restraining him from interfering in the suit land, has been passed. The judgment of the trial Court is that of Shri L.R. Sharma, Sub-Judge 1st Class, Theog, District Shimla, dated 31.3.1989 and that of the Appellate Court is of Shri M.R. Chaudhary, District Judge, Shimla, dated 21.4.1994.

(2.) The Plaintiff-Respondent filed the suit. The facts giving rise to this suit are that he is owner of the suit land, fully described in the plaint and as per the details given in the impugned judgment, measuring 6 bighas 2 biswas, situated in Chak Kiari. In the column of possession, the entry in the name of Defendant-Appellant from 1979 onwards is wrong and contrary to the facts. He was never inducted in possession of the suit land nor he is a tenant of the same He got the entry made in column of possession in the revenue record in his favour without the Plaintiff's knowledge. The parties are related. In view of this fact, in absence of the Plaintiff, who is a lady, the Defendant used to look after the crops sown by her on the suit land. She is in cultivating possession of the suit land and the entry in the column of possession is the result of collusion between the Defendant and the Patwari. In the alternative, decree for possession was prayed.

(3.) In the written statement, the Defendant also pleaded that the Plaintiff is neither owner nor in possession of the suit land. On the other hand, the Defendant being the tenant of the suit land has become its owner by operation of law. According to him, the father of the Plaintiff Gulab Dass was of unsound mind in the later part of his life and he was owner of the suit land. During his life time, it was Banjar. The Plaintiff got married in village Deora, Tehsil Jubbal which is about 40 km away from the place where the suit land is situated. Therefore, she has admitted the Defendant as tenant on the same. He had planted 200 apple plants over the suit land.