LAWS(HPH)-2011-6-62

MANGSHAROO Vs. SARFU

Decided On June 24, 2011
Mangsharoo Appellant
V/S
Sarfu Respondents

JUDGEMENT

(1.) This is the plaintiffs appeal against the judgment and decree of the learned appellate Court reversing the judgment and decree of the learned trial Court which had partly decreed the suit of the plaintiff declaring him to be the owner of the suit land and declining decree for possession and further declaring that the defendant is in occupancy of the land in his capacity as non -occupancy tenant.

(2.) The plaintiff instituted the suit, out of which this appeal arises, for the relief of declaration and possession of the land comprised in Khasra No.70, Khata -Khatauni No.54 min/153 min, measuring 0 -18 -60 hectares, situated in Chak Bahali, Tehsil Chirgaon, District Shimla. The land was previously described as situated in Khasra No.59, Khata -Khatauni No.15 min/29 min, measuring 15 -19 bighas in Chak Dugyani, Tehsil Chirgaon, District Shimla, H.P.

(3.) The plaintiff pleaded that in the old revenue record, the suit land was shown in possession of defendant Sarfu as non -occupancy tenant without payment of any rent under the ownership of Amerpur which entry was challenged being wrong and illegal as the defendant was neither non -occupancy tenant nor in possession of the suit land. It is pleaded that though as per Jamabandi for the year 1979 -80, the land bearing old Khasra No.59, Khata -Khatauni No.15 min 29 min, measuring 15 -19 bighas, situated in Chak Dugyani, shown to be in possession of the defendant Sarfu as Gair Maurusi Bila Adaye Lagan - (non -occupancy tenant without payment of any rent) under its owner Amerpur yet this entry is wrong and contrary to the factual position.