MAST RAM (DECEASED) THROUGH HIS LRS RACH PAL SINGH AND OTHERS Vs. BIDHI CHAND (DECEASED) THROUGH HIS LRS SUBHASH CHAND AND OTHERS

JUDGEMENT

(1.) The defendants are the appellants, who after having lost before both the learned Courts below, have filed the instant Regular Second Appeal.

(2.) Brief facts of the case are that the land comprised in Khewat No.356, Khatauni No. 569, Khasra No. 3654 measuring 3 Kanals 2 Marlas and Khewat No. 78, Khatauni No. 166, Khasra No. 3676 measuring 3 Kanals 14 Marlas situated in Village Keori, H.B. No. 162, Tehsil Amb, District Una (hereinafter referred to as the 'suit land') is owned and possessed by the plaintiff Smt. Balan Devi, and the defendant has no right, title or interest in the suit land. It was averred that the defendant had conspired with the consolidation field staff behind the back of the plaintiff and procured wrong entries in his name in the column of cultivation as tenant at Will of the suit land. These entries are wrong, baseless and without jurisdiction and are against the rights of the plaintiff. It was averred that the suit land is in possession of the plaintiff and she never inducted the defendant as tenant over the suit land and prayed for injunction restraining the defendant from interfering in the suit land and in alternative for possession.

(3.) The defendant contested the suit by filing written statement wherein preliminary objections qua maintainability and jurisdiction were raised. On merits, it was averred that the defendant was tenant over the suit land on payment of '12 man galla kacha' per year of Khasra Nos. 4184 and 4198 and Khasra Nos. 3654 and 3676 were replaced by consolidation authorities during the time of consolidation operation. The tenancy of the defendant has been admitted by the plaintiff before the Assistant Consolidation Officer on 18.11.79 on the application of the defendant under Section 21(2) of the H.P. Consolidation Act, therefore, the plaintiff is estopped from filing this suit by her act and conduct. It was averred that the Consolidation Officer had passed the order for correction of the record on 21.11.79 and the defendant is in possession of the suit land and there is no question of interference or threats to the plaintiff. Lastly, the defendant prayed for dismissal of the suit.