RAM LAL Vs. RAM RAKHA
LAWS(HPH)-1979-12-7
HIGH COURT OF HIMACHAL PRADESH
Decided on December 11,1979

RAM LAL Appellant
VERSUS
RAM RAKHA Respondents

JUDGEMENT

VYOM PRAKASH,J - (1.) This second appeal has been filed against the judgment and decree of District Judge, Una, dated 13th December, 1978, whereby the judgment and decree of Sub Judge, Una, dated 15th February 1978, was affirmed.
(2.) The brief facts of the case are that Ram Lai appellant filed a suit for declaration and injunction and in the alternative for possession with respect to the land measuring 5 kanals 5 marlas entered in Khasra number 1208 as detailed in the Jamabandi of 1971 -72 of village Badehir, Tehsil Una. The plaintiff alleged that he is in possession of the disputed land as a tenant -at -will under the defendant for the last so many years from the time of his forefather. It was further alleged that the defendant -respondent got wrong entries incorporated in the revenue records showing defendants possession on the disputed land and that on the basis of these incorrect entries the defendant is threatening to interfere in the plaintiffs possession. On these allegations the plaintiff prayed for a relief of declaration with injunction and in the alternative it was pleaded that if during the pendency of the suit the defendant takes forcible possession, then a decree for possession be granted.
(3.) The defendant contested the suit of the plaintiff and alleged that the plaintiff is not in possession of the disputed land and is not a tenant under him. It was further alleged that a wrong entry regarding possession of the plaintiffs father Santu had been made in the revenue records although Santu had died since long and that this wrong entry regarding the possession of Santu was corrected by order of the Revenue Officer, dated 5th June, 1976. In a net shell the defendant denied the plaintiffs status as a tenant on the suit land.;


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