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1997 Supreme(HP) 198

High Court Of Himachal Pradesh
ARUN KUMAR GOEL
CHUHA RAM - Appellant
Versus
VAKIL SINGH - Respondent
RSANo.446of 1989
Decided On : 05/22/1997

Advocates Appeared:
For the Appellant Sh. Bhupender Gupta. Advocate For the Respondents Sh. Rupesh Kumar, Advocate, vice Sh. S. S. Kanwar, Senior Advocate, For the respondents No. 1 to 5 Respondents No. 6 to 16 absent despite service.

An unauthorized or mistaken entry in the revenue records does not confer any right on the person in whose favor it is made.

Headnote:

POSSESSION SUIT - H.P. TENANCY AND LAND REFORMS ACT - SECTION 11 - REVENUE ENTRIES - PRESUMPTION OF CORRECTNESS - TENANCY - BURDEN OF PROOF - CHANGE OF ENTRY DURING SETTLEMENT - UNAUTHORIZED OR MISTAKEN ENTRY - NO BENEFIT TO TENANT - SUIT FOR POSSESSION MAINTAINABLE.

Fact of the Case:

Plaintiffs filed a suit for possession of 6 kanals of land out of Khasra No. 336, which was converted into Khasra No. 1074 during settlement. The defendant claimed tenancy over the suit land and asserted that he had become its owner under the H.P. Tenancy and Land Reforms Act.

Finding of the Court:

The court found that the defendant failed to establish tenancy over the suit land. The revenue entries showed the plaintiffs and their predecessors-in-interest as the owners and possessors of the land. The entry showing the defendant as a tenant was made during the settlement operation without any lawful authority or consent of the plaintiffs. The defendant did not produce any evidence to rebut the presumption of correctness attached to the revenue entries.

Issues: 1. Whether the defendant was a tenant of the suit land? 2. Whether the entry showing the defendant as a tenant was valid? 3. Whether the plaintiffs were entitled to possession of the suit land?

Ratio Decidendi: 1. The burden of proving tenancy lies on the person claiming it. 2. Revenue entries are presumed to be correct and can only be rebutted by strong and cogent evidence. 3. An unauthorized or mistaken entry in the revenue records does not confer any right on the person in whose favor it is made. 4. A suit for possession is maintainable by the owner of the land against a person who is in unauthorized possession.

Final Decision: The court dismissed the defendant's appeal and upheld the lower appellate court's decree granting possession of the suit land to the plaintiffs.

JUDGMENT

Arun Kumar Goel, J.: This is defendants appeal filed against the judgment and decree passed by Sh. K.C.Sood, District Judge, Kangra Division at Dharamshala. By means of impugned judgment in civil Appeal No. 165 of 1986 dated 21-4-1989, the appeal filed No.l83of 1987 by the plaintiffs has been allowed and consequently, their suit for possession has been decreed by setting aside the judgment and decree of Sub Judge 1st Class, Nurpur District Kangra, whereby plaintiffs suit was dismissed. Parties in this appeal arc being referred to as plaintiffs and defendant as were arrayed before the trial court

2. A suit for possession was filed by the plaintiffs on the basis of title, as according to them an area measuring 6 kanal out of Khasra No.336 which was converted into Khasra No. 1074 during settlement, was in their ownership and possession aiongwith other co-owners. The total area of Khasra No.336 is 28 kanal 2 marla which is situated in Tika Matholi Mauza Madoli, Tehsil Nurpur District Kangra. It was further pleaded by the plaintiffs that as per Jamabandi for the year 1971-72, the suit land has been shown in the ownership and possession of the plaintiffs. But during the settlement operation in the month of June/July, 1982, defendant is stated to have encroached upon an area measuring 6 kanal out of the aforesaid Khasra number. As such the necessity of filing the suit against the said defendant. Julfi Ram and Kalu Ram were arrayed as defendants No.2 and 3 who died during the pendency of the suit in the trial court and their legal representatives were added as 2(a) to 2(f) of Julfi Ram and 3(A) to 3(e) of Kalu, who are respondents No.6 to 16 in the present appeal. The interest of these respondents-defendants is identical to that of the plaintiff, because they could not join as plaintiffs so have been arrayed as proforma defendants in the suit.

3. This suit was contested and resisted by defendant No. 1 Chuha Ram, who pleaded that the suit was not maintainable, the court had no jurisdiction as also the plaintiffs have no cause of action to file the suit. Tenancy was claimed by defendant No. l over the suit land and in this background, it was further pleaded that after commencement of H.P. Tenancy and Land Reforms Act, he has become owner of the suit land. In this view of the matter, plea of his being an cncroachee over the suit land was denied. Parties went to trial on the following issues:

1. Whether the suit is not maintainable ? OPD.

2. Whether the plaintiffs are estopped from filing the suit by their act and conduct? OPD

3. Whether the plaintiffs have a cause of action ? OPP

4. Whether the civil court hat jurisdiction to try the suit ? OPP

5. Whether the plaintiffs were in possession of the suit land as alleged ?OPP

6. Whether the defendant No. 1 encroached upon the suit land at the time of settlement, as alleged ? OPP

7. Whether the defendant No. 1 was a tenant of the suit land and had become its owner as alleged ? OPD

8. Relief. Trial court found Issues No. 1,2,3,5 and 6 in the negative, where Issues No.4 and 7 were found in the affirmative and consequently under Issue No.8, no relief was given. Suit of the plaintiffs was dismissed and no relief was granted to them.

4. The aforesaid findings recorded by the trial Court dismissing the suit of the plaintiffs were questioned by the latter before the lower appellate court and by means of judgment and decree impugned in the present appeal, the suit of the plaintiffs was decreed by reversing the judgment and decree of the trial court. It is in these circumstances that the present appeal came to be filed by the defendant No. 1.

5. Shri Bhupender Gupta, learned counsel for the defendant has fairly stated that so far the title of the plaintiffs and other defendants is concerned, it is not in dispute. However, it was pointed out by Shri Bhupender Gupta that plaintiffs have purchased the share of Hari Singh DW-2, who had supported the plea of tenancy of the defendant over the suit land. That in









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