MILKHIRAJ Vs. VED PARKASH
LAWS(HPH)-1997-5-35
HIGH COURT OF HIMACHAL PRADESH
Decided on May 29,1997

MILKHIRAJ Appellant
VERSUS
VED PARKASH Respondents

JUDGEMENT

P.K.PALLIS, J. - (1.)The contesting defendant has filed this second appeal feeling aggrieved from the judgment and decree of reversal. Parties, herein -after in this judgment, shall be referred to as plaintiffs and "defendants.
(2.)Suit, out of which the present appeal has arisen, was filed by the plaintiffs seeking declaration to the effect that they along with proforma defendants No.10 to 15 are joint owners in possession to the extent of 1/2 share along with contesting defendants No. 1 to 9 in respect of the suit land. Consequential relief of permanent injunction was also prayed restraining the defendants from ousting the plaintiffs from the joint possession or claiming themselves to be exclusive owners of the suit land.
(3.)It is said that the predecessors -in -interest of the parties were tenants -will of the entire suit land and after their death the parties have succeeded to them and on the coming into force of the H.P. Tenancy and Land Reforms Act they have become owners of the suit land, but defendants No. 1 to 9 arc claiming their exclusive rights of ownership and possession on the basis of some wrong order, which they obtained in connivance with the revenue officials on review. The review order is said to be void and without jurisdiction, as the same having been passed at the back of the plaintiffs.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.