Sudhir Bhushan Malik, J. - (1.) This is a plaintiff's appeal against the judgment dated 13 -5 -1965 of the Civil Judge, Tehri -Garhwal, allowing the respondents' appeal and setting aside the judgment of the Trial Court decreeing the plaintiff's suit for a permanent injunction restraining the defendant -respondents from interfering with his possession of the property in suit.
(2.) The following pedigree is relevant: - - Admittedly, the property in suit which is Khaikari or sub -tenancy land, was part of erstwhile Tehri -Garhwal State situate in Uttar Kashi and, therefore, in view of the provisions of Sec. 6 of the Tehri -Garhwal Administration Order the laws in force in Tehri -Garhwal State continued to remain in force and were actually in force on the date the suit was filed.
(3.) Admittedly, the land in suit was the sub -tenancy of Jeet Ram who died issueless. Jagdish alias Jagat Singh plaintiff -appellant was brought up by Jeet Ram and his wife Rup Dei since Jagat Singh was a boy aged about 12 years and Jagat Singh used to live in the house of Jeet Ram as a member of his family and used to look after his cultivation even after his death in the lifetime of Rup Dei and Jagat Singh's name appears to have been mutated in the village papers in place of Jeet Ram. The defendants -respondents admittedly are tenants -in -chief of the land in suit.;