SANJAY CHAUDHARY Vs. BHAGAT RAM
LAWS(HPH)-1997-4-20
HIGH COURT OF HIMACHAL PRADESH
Decided on April 07,1997

SANJAY CHAUDHARY Appellant
VERSUS
BHAGAT RAM Respondents

JUDGEMENT

SURINDER SARUP,J. - (1.)This second appeal is directed against the judgment and decree of the Court of Shri Surjit Singh, District Judge, Una dated 3 -6 -1989 whereby the appeal of the defendant -respondent Babu (since deceased -L. Rs, brought on record) has been allowed and the suit of the plaintiff appellant, which was decreed by the trial Court has been dismissed by setting aside the judgment and decree of that Court. It may be mentioned here that the suit was decreed by the Court of Shri M R. Chauhan, Sub Judge, 1st Class, Amb, District Una on 26 -9 -1986.
(2.)The facts giving rise to this appeal are that Amar Nath deceased, the predecessor of the appellant Sanjay Chaudhary filed a suit for declaration to the effect that he was owner in possession of the suit land By way of consequential relief, he prayed for issuance of permanent prohibitory injunction restraining the respondent -defendant Babu from interfering with his possession In the alternative he prayed for possession over the suit land.
(3.)It was pleaded in the plaint that the plaintiff had been in possession of the suit land from the very beginning and the entries in the revenue records were also in his favour. The suit land is measuring 6 Kanals 8 Marlas bearing Khasra No. 5800 situated in Village Takaria, Tehsil Amb# District Una. A few days prior to the institution of the suit, the defendant threatened to disturb the possession. Hence the suit. In the alternative, a prayer had been made for possession, on the ground that if during the pendency of the suit, the defendant succeeds in dispossessing the plaintiff forcibly, a decree for possession may be passed. The original plaintiff died during the pendency ((THELAW))f the suit and his legal representative was brought on record.


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