MATHURA DEVI Vs. SUKHDEV SINGH

JUDGEMENT

(1.) This Second Appeal has been directed by the defendants against the judgment and decree dated 22.6.1991 of the learned District Judge. Una, affirming the judgment and decree dated 30.11.1988 of the learned Sub Judge 1st Class, Anmb.

(2.) The subject-matter of the dispute between the parties is the land measuring 6 Kanals 12 Marlas comprising of Khewat No. 83, Khatoni Nos. 508 Min and 517, Khasra Nos. 1374, 1375 and 275 of village Jowar, Tehsil Amb, District Una, specifically described in the plaint and hereinafter referred to as the land in dispute.

(3.) Respondent No. 1 to 4, hereinafter referred to as the plaintiffs filed a suit for declaration that they and the proforma defendant (respondent No. 5 in the present appeal) are the owners and in possession of the land in dispute. Shri Basanu (the original defendant No. 1 and the predecessor-in-interest of the present defendants-appellants) was not in possession thereof. He was never inducted as a tenant qua the land in dispute. The revenue entries showing him in possession of the land in dispute as a tenant are wrong and the same were rightly corrected by the consolidation authorities. The order dated 7.8.1982, passed by the Director, Consolidation, directing the restoration of the revenue entries in favour of the said Basanta is wrong, null and void. It was averred that on the basis of the said wrong order, Basanta had started interfering with their possession. Consequently, relief of injunction was also prayed for restraining the defendants from interfering with their ownership and possession qua the land in dispute.