DHUNGAL Vs. DUSHYANT KUMRAR
LAWS(HPH)-1997-3-46
HIGH COURT OF HIMACHAL PRADESH
Decided on March 17,1997

DHUNGAL Appellant
VERSUS
DUSHYANT KUMRAR Respondents


Referred Judgements :-

CHUHNIYA DEVI VS. JINDU RAM [REFERRED TO]


JUDGEMENT

R.L.KHURANA,J. - (1.)This Regular Second Appeal had been directed f the plaintiff against the judgment and decree dated 23.1.1991 of the learned II. District Judge, Mandi affirming the judgment and decree dated 22.8 .88 of the learned Sub Judge, 3rd Class (III), Mandi.
(2.)The subject matter of the dispute between the parties is the land measuring 4 -8 -8 Bighas, comprising of khasra No. 804 of Khewat No. 14 min, Khatauni No. 26 of the Mauza Darbathu, Illaqua Balh. Tehsil Sadar, District Mandi specifically detailed in the plaint and the jamabandi for the year 1984 -85 and hereinafter referred to as the land in dispute.
(3.)The plaintiff filed a suit for declaration and injunction is a consequential relief for restraining the defendants from interfering with his possession the land in dispute as owner thereof. It was averred that the plaintiff has coming in possession of the land in dispute as a non -occupancy tenant f aid has acquired the proprietary rights in respect thereof by virtues, of Section 104 of the H.P. Tenancy and Land Reforms Act, 1972, hereinafter referred to he Act. Sh Parma Nand, the predecessor - in -interest of the defendants applied for the resumption of the land though he was no entitled under the law ; for such resumption. The Land Reforms Officer (Tehsildar), Sadar Mandi on 28.1.1977 allowed the resumption of 1/2 share of the land in dispute to the said Parma Nand. The said order is illegal, wrong and in - operative in the eyes of law. It was further averred that under the garb of the said wrong and illegal order in their favour, the defendants have started interfering with the peaceful (possession of the plaintiff over the land in dispute.


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