FATU RAM Vs. MADAN

JUDGEMENT

(1.) THIS is the defendants ' appeal against the Judgment and decree of the learned District Judge reversing the judgment and deeree of the learned Sub -Judge 1st Class, Ghumarwin in the suit instituted by the plaintiffs -respondents praying for declaration that they are joint owners with the defendants (respondents herein) of the suit land and injunction restraining them from interfering in their possession.

(2.) THE case as pleaded before the learned trial Court was that the land measuring 16.5 bighas comprised in Khasra No. 244, 249, 251, 255, Khata Khatoni No. 79/99, situated in village Hari Talyanagar, Pargana Ajmerpur, Tehsil Ghumarwin District Bilaspur is jointly owned and possessed by the plaintiffs and defendants and the plaintiffs have half share over the suit land. It was pleaded that an application under Section 123 of the Himachal Pradesh Land Revenue Act for partitioning the land was filed which application was contested by the appellants herein on the ground that determination of title was involved which was to be adjudicated from a Court of competent jurisdiction. The plaintiffs ' further case is that the defendants -appellants in connivance with the revenue staff had the entries changed in the revenue records showing them to be non -occupancy tenants. These entries were wrong and not binding on the interests of the plaintiffs.

(3.) THE learned trial Court on the pleadings of the parties settled as many as 13 issues. The issues central for determination of the entire controversy were: