JALLU Vs. SABALOO

JUDGEMENT

(1.) THIS appeal has been directed against judgment, decree dated 26.3.1999, passed by learned Addl. District Judge, Shimla in Civil Appeal No.41 -S/13 of 1997, reversing judgment, decree dated 26.3.1997, passed by learned Sub Judge Ist Class, Theog, in Case No.203/1 of 92. The plaintiff has come in second appeal.

(2.) THE pleaded case of the appellant is that in a private partition, Maghu, Runu and Shoju had got land measuring 6 -10 bighas comprised in Khata No.21, Khatauni No.25, khasra No.117, situated in Chak Kunjala vide jamabandi for the year 1955 -56. Maghu, Runu and Shoju about 40 years back inducted the appellant as tenant on the suit land in lieu of services and on payment of land revenue. The appellant had been coming in possession of the suit land since then and had become owner thereof under the H.P. Tenancy and land Reforms Act, 1972. The alternative case of the appellant is to the effect that if he is found to be in possession of the suit land as mortgagee then he has become owner of the same as 30 years period has lapsed and the land has not been redeemed prior to the institution of the suit. The respondents caused interference on the suit land in August and September, 1992 and therefore, the plaintiff had filed the suit for permanent prohibitory injunction and recovery of Rs.500/ - on account of damages caused by the respondents by destroying the grass by the cattle of respondents by grazing the same on the suit land.

(3.) ON the pleadings of the parties, the following issues were framed: -