NIKKA Vs. HARDEI

JUDGEMENT

(1.) THIS regular second appeal has been directed against the judgment and decree dated 13.8.1998 passed by the learned District Judge, Bilaspur in Civil Appeal No. 4/91.

(2.) BRIEF facts necessary for adjudication of this regular second appeal are that the plaintiff -respondent (hereinafter referred to as the plaintiff for convenience sake) filed a suit for declaration and injunction that she was owner in possession of the land comprised in Khasra No. 104, 223, 237, 242/2, measuring 26 -16 Bighas, situated at village Kahli, Pargana Rattanpur, Tehsil Sadar, District Bilaspur. She further alleged that the change in the revenue record whereby the defendant -appellant (hereinafter referred to as the defendant for convenience sake) has been recorded as non -occupancy tenant on payment of Rs. 20/ - as annual rent was wrong, void and illegal. She has challenged the revenue entries incorporated in favour of the defendant and she also prayed for restraining the defendant from interfering for peaceful possession.

(3.) THE learned Sub Judge decreed the suit on 30.11.1990. The defendant preferred an appeal before the learned District Judge, Bilaspur. He dismissed the appeal on 13.8.1998. This regular second appeal was admitted on the following substntial questions of law :