VIJAY KUMAR Vs. VIJAY SINGH

JUDGEMENT

(1.) "The revenue entries are the paradise of the Patwari" is fully applicable to the instant case.

(2.) The defendant is the appellant, who aggrieved by the judgment and decree passed by the learned first appellate court, whereby it reversed the judgment and decree passed by the learned trial court, has filed the instant appeal. The parties shall be referred to as the "plaintiff" and "defendant".

(3.) The plaintiff, Smt. Satya Devi (since deceased) filed a suit seeking declaration to the effect that she was owner in possession of the land measuring 0-14-16 hectares bearing Khewat No.3, Khatauni No. 3, Khasra Nos. 362 and 363, situated in Village Tatehra, Tehsil Amb, District Una and entry in the name of defendant, Vijay Kumar, as 'gair marausi' was wrong and incorrect and against the right,title and interest of the plaintiff with consequential relief of permanent inunction for restraining the defendant from digging foundations, changing the nature and cutting and removing standing trees from the suit land and in the alternative for possession. It was averred that the suit land was owned and possessed by Vishnu Narayan, husband of the plaintiff and after his death, the same was succeeded to by the plaintiff. The defendant in connivance with revenue staff got himself recorded as 'gair marausi' since the plaintiff was a widow lady, and, therefore, no entry regarding 'gair marausi' could be recorded under the law. The defendant never came in possession of the suit land in any capacity and defendant was threatening to take forcible possession and dig the suit land. Hence, the suit.