MANDIR THAKURDWARA Vs. RAJ KUMAR

JUDGEMENT

(1.) The parties hereinafter shall be referred to as the 'plaintif' and 'defendants'.

(2.) Brief facts of the case are that plaintif has filed a suit for declaration to the efect that he was owner in possession of the land measuring 5 kanals 12 Marlas, comprised in Khewat No. 218, 1012, Khatauni No. 274 min. 1400, Khasra Nos. 625, 626, 627, 628 and 631 situated in village Dulehar Teh. and District Whether the reporters of the local papers may be allowed to see the Judgment?Yes Una. It was alleged that entries of possession as tenant in the revenue papers in the name of defendants are wrong, invalid, false, inefective, without jurisdiction made at the back of the plaintif and subsequent mutation No. 4645 dated 05.05.1983 conferring ownership rights to them with respect to the suit land on the basis of the said wrong entries was also wrong, illegal, invalid, null and void as against the rights of the plaintif, as a consequential relief for issuance of permanent restraining the defendants from interfering in any manner in the possession of the plaintif or taking forcible possession thereof injunction and in the alternative suit for possession.

(3.) It was further pleaded by the plaintif that Mahant Hari Dass was the Mohitmim of Mandir Thakur Dwara who looked after the management of property including the suit land and other afairs and neither the plaintif nor his predecessor-in- interest had inducted the defendant Kashmiri Lal now deceased as tenant over the suit land. The entries of possession in the column of cultivation in the revenue record in the name of the defendant as tenant were wrong, false, fictitious, illegal, null and void and against the rights of the plaintif and subsequent mutation No. 4645 dated 05.05.1983 regarding the conferment of proprietary rights on defendant on the basis of wrong entries is inefective and not binding upon the plaintif.