ASHOK KUMAR Vs. SATYA DEVI

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 26.10.2009, passed by the learned Additional District Judge, Una, District Una, H.P., in Civil Appeal No. 71 of 2007.

(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the respondent-plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) has filed a suit for declaration with permanent injunction and in the alternative for possession against the appellant-defendant (hereinafter referred to as 'the defendant' for the sake of convenience). According to the plaintiff, she is owner in possession of land measuring 10-11 Kanals, comprised in Khewat No. 593, Khatauni No. 838 at present Khasra No. 1454, as entered in the Jamabandi for the year 1983-84, situated in Village Kuthera, Tehsil Amb, District Una, H.P. and red ink note showing defendant as tenant at will is absolutely false, frivolous, baseless, illegal at the back of plaintiff and without jurisdiction. This entry has been made without the orders of the competent authority. According to the plaintiff, the defendant is a claver and influential person. He in connivance with the Halqua Patwari succeeded in getting red note inserted in the revenue record to the effect that he is tenant at will.

(3.) The suit was contested by the defendant. According to the defendant, the suit land was in the ownership of Gram Panchayat, Deh. The defendant claimed to be in possession being adjoining land owner since more than 20 years. According to him, the suit land was allotted to the plaintiff somewhere in the year 1975, but the defendant was also in possession of his own capacity. There was a dispute, which was settled amicably in the presence of Pradhan of Gram Panchayat, Kaka Ram as well as Tara Chand. He was inducted as tenant on payment of rent to the tune of Rs. 105/- per annum. On 10.01.1988, a receipt was executed in favour of the defendant where plaintiff herself has given suit land to the defendant on tenancy. According to him, he has become absolute owner as per the provisions of H.P. Tenancy and Land reforms Act, 1972.