DINA NATH Vs. GIAN CHAND

JUDGEMENT

(1.) The defendant/appellant herein (for short the defendant), upon, suffering adversarial verdict(s), vis-a-vis, the plaintiff's suit, for declaration, and, permanent injunction, vis-a-vis, the land comprised in Khata No. 108 min, Khatauni No. 130 , Khasra No. 1315/1157, measuring 6 marlas, situated in Tika Paplah, Mouza Mewa, Tehsil Bhoranj, District Hamirpur, H.P. (for short "suit khasra number), hence, through the instant RSA, he, strives to beget reversal(s) thereof.

(2.) Brief facts of the case are that respondents herein/ plaintiffs (for short "the plaintiffs), filed a suit for declaration and permanent injunction with respect to the suit khasra numbers. The entry regarding the tenancy as non-occupancy tenant in favour of the defendant in the column of possession is wrong, illegal and liable to the set aside. The entry incorporated in connivance with the revenue authorities, behind the back of the plaintiffs are mere paper entries.

(3.) The defendant contested the suit by taking preliminary objections qua locus-standi maintainability, limitation, non-joinder and mis-joinder of necessary parties. On merits, he avers that he is coming in possession over the suit land from the time of their ancestors. The father of the defendant had constructed his abdai over the suit khasra numbers about 50 years back, and, that construction now has collapsed. The defendant is trying to raise construction over the old foundation. The rent in respect of tenancy used to pay in cash. The defendant has already raised four pillars over the khasra numbers upto the height of 20 feet in the year 2008 and the foundations of two pillars have also been laid. The plaintiffs had not raised any objection at that time. The plaintiffs have no concern with the suit land and the revenue entires are valid. The plaintiffs were well aware of old possession of the defendant and the suit deserves to be dismissed.