Justice Rajiv Sharma, Judge.

1. Material facts necessary for the adjudication of this petition are that petitioner had instituted civil suit in the court of Sub Judge 1st Class (1), Kangra bearing Civil Suit No.134 of 1988 for declaration to the effect that he was in exclusive possession as co-owner over the land comprising Khata No. 120/min/110 Red Harra, Khatauni No. 228, Khasra No. 413 measuring 0-11-96 hectares. According to him, entry made in favour of respondent No.2 as Gair Maurushi tenant over this khasra number was contrary to the spot position. According to him, the same was liable to be changed in his favour. Suit was contested by respondent No.2. According to him, he was in possession of the suit land, including other khasra numbers and has become owner in possession of the suit land after the enactment of H.P. Tenancy and Land Reforms Act. Learned trial court framed the following issues on 16.11.1988:

1. Whether the civil court has no jurisdiction to entertain the present suit? OPD.

2. Whether the suit is bad for non-joinder of necessary parties? OPD.

3. Whether the plaintiff is estopped by his act and conduct to file the present suit? OPD.

4. Whether the suit