HIGH COURT OF HIMACHAL PRADESH
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Bannerji, J. -
(1.) This is a reference made by the District Judge of Caamba under Section 100, Punjab Tenancy ACT, recommending that the decree dated 26th July 1949 of the Subordinate Judge, from which an appeal was taken to him, be registered as a decree of a revenue Court inasmuch as the suit was cognizable by a revenue Court.
(2.) The material facts, as appear from the pleadings and also from the judgment, are as follows: The plaintiff, Mt. Mama, widow of Laddakhi, commenced this suit for possession of land, measuring four acres one kanal and one marla recorded in Khata No. 43 and seven marlas of land, in Khata Nautor at page 26, in village, Melah, pargana Lihl. The defendant took this land from plaintiffs' husband and cultivated it, it is alleged by the plaintiff, OH half batai. Page 1 of 4 Mt. Maina vs. Dhundu (28.12.1949 - HPHC) In para. 2 of the plaint, the plaintiff, alleged that she had warned the defendant not to prepare land for Rabi crop for 2005 and give up possession of the land, which the defendant refused.
(3.) The defence was that as an occupancy tenant of the land, the defendant was not liable to ejectment. Such, in brief, are the pleadings.;
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