LAWS(HPH)-1998-5-17

PAHADU Vs. ROSHAN LAL

Decided On May 20, 1998
PAHADU Appellant
V/S
ROSHAN LAL Respondents

JUDGEMENT

(1.) This second appeal is directed against the judgments and decrees of both the Courts below dismissing the suit of the plaintiff -appellant.

(2.) The plaintiff -appellant went to the Civil Court on the pleadings, for declaration with permanent injunction and in the alternative for possession, that the suit land measuring 22 Kanals and 18 Marlas, fully described in the plaint, was shown as 0 -78 -87 Hectares during settlement. It Was in his possession since long as tenant -at -will under defendant No. 1. The entry appearing in favour of the defendant No. 1 is wrong, illegal and not binding on him and the defendants should be restrained from interfering in his possession.

(3.) The suit was contested by the defendants -respondents and various issues were framed by the trial Court including the issue of limitation. After appreciating evidence, the trial Court came to the finding that the plaintiff has not been able to prove his case, therefore, dismissed the suit.