SADA NAND Vs. TULFU

JUDGEMENT

(1.) The Plaintiff/Appellant having lost in both the Courts below, is in second appeal. Suit for declaration and injunction filed by him earlier that he is owner in possession, was decreed. On appeal, the decree was set aside and the case was remanded back whereafter pleadings Were amended, issues re-cast and fresh evidence was taken. The Plaintiff/Appellant alternatively prayed for a decree of possession against the Defendants/Respondents.

(2.) The trial Court after remand, on appreciation of the material placed on record by the parties, dismissed the suit and the appeal filed by the Plaintiff/Appellant laying challenge to the judgment and decree of the trial Court stands dismissed. This is how the Plaintiff/Appellant is in second appeal. The parties, here-in-after in this judgment, shall be referred to as 'Plaintiff and 'Defendants'.

(3.) One Dialu was, admittedly, the non-occupancy tenant of the suit land under one Amar Chand, landlord who was the owner. Dialu is said to have died whereafter his son Nanaku succeeded to his tenancy rights. According to the Plaintiff, Nanaku had surrendered his tenancy rights in favour of the owner Amar Chand and thereby relinquished his right, title and interest in the suit property, but Smt. Tilfu who is said to be the step-sister of Nanaku, got the 'Girdawari' entries recorded in her favour from the Consolidation Officer. Appeal filed by the Plaintiff was allowed by the Settlement Officer resulting in setting aside the order passed by the Consolidation Officer and the case was remanded for fresh decision. Soon thereafter the Plaintiff filed the present suit and later agitated that she has been dispossessed from the suit land by the Defendants and decree for possession was claimed.