1960 Supreme(Raj) 319
KANWAR BAHADUR, R.N.HAWA
Motilal – Appellant
Versus
Madan – Respondent
Advocates Appeared:
Makhanlal, for Appellant; Trilokinath Joshi, for Respondent
Per Shri Kanwar Bahadur :—The Plaintiff-appellant filed a suit in the court of the Sub-Divisional Officer, Hindoun for ejectment of the respondents as trespassers and for damages by way of compensation as well as for a permanent injunction restraining them from interfering any further with the cultivation of the said land. It was averred that the suit land was recorded in the cultivatory possession of the plaintiff, which he alone had been cultivating since long and that the defendant-respondents who had nothing to do wi:h this land unlawfully took possession of it by force and thereby caused him undue damage and an apprehension that the defendants shall in future also resort to such unlawful activities as would jeopardize the cultivatory rights of the plaintiff. The suit was resisted by the defendants-respondants who urged that they had been cultivating the suit land in their own rights as Shikmi Kashtkars which fact was also recorded in the Khasra Girdawari prepared periodically by the village Patwari. It was also stated that the suit land was not exclusively in the Khatedari of the appellant, but that it was held in joint tenancy with Manohari and Hira as joint Khatedar along wi
Click Here to Read the rest of this document