LAKHI Vs. SOHAN LAL

JUDGEMENT

(1.) THIS is a civil second appeal against the order of learned Addl. District Judge Poonch dated 8 -11 -63 whereby he set aside a decree passed in favour of the appellant by the Sub -Judge Rajouri on 31 -8 -63.

(2.) THE plaintiff -appellant brought a suit for possession against the defendant with the allegation that she was an occupancy tenant of the land measuring 4 kanals and 6 marlas In village Sagot, Tehsil Rajouri. The appellant was in possession of the land and had been wrongfully dispossessed by Ganga Kara, father of defendants 2 to 5. Defendant No. 1 had also Joined In taking forcible possession of the land.

(3.) THE defence of the defendants was that the plaintiff was in fact an occupancy tenant of the land, but she had abandoned her rights, and the lather of defendants 2 to 5 had in his life -time taken possession of the land. Defendant No. 1 also was one of the heirs of Ganga Ram deceased and therefore he was in possession of the land.