MURARI DASS Vs. GOPAL DASS AND OTHERS

JUDGEMENT

(1.) Defendant No.1 is the appellant, who after having lost in both the learned Courts below, has filed the instant regular second appeal.

(2.) The parties shall be referred to as the 'plaintiff' and the 'defendants'.

(3.) The plaintiff filed a suit for declaration to the effect that the plaintiff is the joint owner in possession along with his share holders as entered in the jamabandi for the year 1991-92, comprised in Khewat No. 264, Khatauni No. 413/414/415, Khasra Nos. 601, 653, 675, 683, 1431, 791, 1378 and 1377, measuring 4-7 bighas, situated at Village Panjgain, Pargana and Tehsil, Sadar, District Bilaspur, H.P. and the entry in the names of the defendants in column No.9 as 'Babajah Rehan' is illegal, void, without any basis, against Act, Rules and Statute and against the principles of natural justice which does not bind the plaintiff in any manner and for permanent prohibitory injunction restraining the defendants not to interfere in the ownership and possession of the plaintiff in any manner. In the alternative, suit for possession on the basis of title, if the defendants claim their possession on the basis of illegal entries. It was averred that defendants in connivance with the field staff of the revenue department manipulated the alleged entry of mortgage of the suit land contrary to law and that too behind the back of the plaintiff and his predecessor-in-interest. It was further averred that the defendants never possessed any part of the suit land at any time and now on the basis of the alleged entries, they are threatening to take forcible possession of the same to which the plaintiff resisted, but in vain. As per plaintiff, on 07.06.1996, he came to know from the Halqua Patwari that the defendants have manipulated a fictitious entry of the suit land. The cause of action arose to the plaintiff on 02.06.1996 when the defendants threatened to take forcible possession of the suit land, hence, the suit.