Tarlok Singh Chauhan, Judge Both these appeals arise out of the judgment and decree passed by learned Additional District Judge-II, Kangra at Dharamshala in Civil Appeal No.60-K/1999 decided on 26.11.2001 whereby learned Additional District Judge reversed the judgment and decree dated 23.4.1999 passed by learned Sub Judge-I, Dharamshala, District Kangra in Civil Suit No. 62-A/97/90 and consequently decreed the suit as prayed for.

2.The appellant is defendant. The plaintiff/respondent instituted a suit for declaration to the effect that the land comprised in Khata No. 58 min, Khatauni No. 107 min, Khasra No. 165 area 0-04-81 hectares jamai 0-29 Ps as per jamabandi for the year 1986-87 situated at Mohal Thamba Mauza Rehloo, Tehsil and District Kangra, H.P. (hereinafter referred to as the 'suit land') was obtained by the plaintiff on 'Chakota' in the year 1962 from Gram Panchayat, Rehloo alongwith his brothers on payment of yearly rent of !1 0/- and continuously thereafter made the land fit for cultivation and plaintiff/respondent is paying rent as 'Gair Marusi tenant' under the defendant No.2 i.e. State Government and the defendant/respondent No.1 has got no right, title or