ARUNA NAND (DECEASED, REPRESENTED Vs. SAT PAL

JUDGEMENT

(1.) The defendants are the appellants and having failed before both the learned Courts below have filed the present appeal.

(2.) The parties shall be referred to as the plaintiff and defendants, as were referred to before the learned Courts below.

(3.) The original plaintiff deceased Kesso Ram filed a suit for declaration to the effect that he is a tenant over land comprised in Khata No.69, Khatauni No.190, Khasra No.1028/2, area measuring 0-30-84 hectares, situate in Mohal Kaleshwar, Mauza Garli, Sub Tehsil Rakkar, District Kangra, Himachal Pradesh, and also for injunction, restraining the defendants from dispossessing the plaintiff from the suit land. It was averred that the land is owned by Defendant No.3 Murti Kali Nath, however, the plaintiff was inducted by the defendants, as a tenant, over about two Ghumaon of land about 40 years ago, which remained in his physical possession throughout, but his name could not appear in the revenue record. During settlement, plaintiff moved an application for correction of Khasra Girdawari qua Khasra No.1028, but even then only 0-12-65 hectares of land denoted by Khasra No.1028/1 was recorded in his tenancy. Dissatisfied with the part correction and the mistake, which was noticed in 1983, the plaintiff again moved an application for correction before the Revenue agency. The Field Kanoongo visited the spot and reported that the entire land in Khasra No.1028 was in the actual and physical possession of the plaintiff and had been fenced by him on all sides. However, despite this report, the revenue entries were not corrected, constraining the plaintiff to file the instant suit.