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1996 Supreme(SC) 1868

K.RAMASWAMY, G.B.PATTANAIK
Tulsi – Appellant
Versus
Paro (Dead) – Respondent


ORDER

This appeal by special leave arises from the judgment of the learned Single Judge of the Himachal Pradesh High Court, dated June 16, 1980 in RSA No. 138/79. The trial Court had decreed the suit and appellate Court allowed the appeal and dismissed the suit. In the second appeal, the High Court reversed the judgment and decree of the appellate Court and confirmed that of trial Court. Thus, this appeal.

2. The admitted facts are that the suit properties of various Khasra Nos. admeasuring 12.4 bighas and 22.4 bighas situated in Mohal Kanyarka Pargana Churah Tehsil Bhattiyat District Chamba in the State of Himachal Pradesh, belonged to the respondent. She had filed a suit for possession against the appellant pleading that the he is a licensee and had agreed to cultivate the lands on her behalf as licensee and, therefore, he is liable to be ejected by a decree of eviction in the suit. It is the case of the appellant that though the parties are related, he is only a tenant at will and he agreed to cultivate the land as a tenant giving the produce to the respondent-landlady for her as he was looking after her. The admitted position is that the Revenue records for the period from 1951-5



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