ROSHAN LAL ALIAS BAL KISHAN Vs. SHRI RATTAN CHAND AND OTHERS

JUDGEMENT

(1.) This regular second appeal has been directed against the judgment and decree dated 22.8.1984 passed by District Judge, Hamirpur, whereby the appeal is preferred by the present appellant assailing the judgment and decree passed by Sub Judge 1st Class, Hamirpur was dismissed and the judgment and decree of the trial Court were maintained.

(2.) The case of the plaintiff-appellant Shri Roshan Lal, as pleaded before the trial Court had been that the suit land as detailed in the plaint, is entered in the ownership of respondent No.2 Shri Maheshwar Chand in the revenue record and in the remarks column, there has been an entry that the 'bartandarans' and their 'bartan' rights in this land which were so created through a letter dated 11.5.1897 passed by the Financial Commissioner and were so entered in the wazibulars. According to plaintiff, those rights pertaining to taking of wood, stones and charand were still continuing and bartandarans have been exercising those rights. It was also pleaded that Shri Ram Raj, the deceased respondent No.1 was a clever person who, in connivance with the revenue staff, got himself recorded in occupation of the suit land measuring 3 kanals 0 Marla out of the entire khasra No.177 measuring 33 kanals. It was alleged to have been done in Rabi 1973. This entry is alleged to be not binding on the plaintiffs. As the defendant No.1, according to plaintiff, was not admitting the claim of the plaintiff to exercise his bartandari rights, hence the present suit for injunction was filed.

(3.) Respondent No.2 did not contest the suit, but respondent No.1 Shri Ram Raj pleaded that the entire land has vested in the State, which earlier vested in the panchayat and thereafter the suit land was allotted to him by the state. The rights, as pleaded by the plaintiff, were not accepted. Certain preliminary objections were also raised by the defendant-respondent No.1.