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2015 Supreme(HP) 1466

RAJIV SHARMA
Ram Prakash – Appellant
Versus
Jamil Akhtar – Respondent


Advocate Appeared:
For the appellants :Mr. Rajneesh K. Lall, Advocate, vice counsel.
For the respondents:Mr. Rajiv Jiwan and Mr. Pankaj Negi, Advocates.

JUDGMENT :

Rajiv Sharma, J.

This regular second appeal is directed against the judgment and decree of the learned District Judge, Bilaspur, H.P. dated 28.9.2005, passed in Civil Appeal No. 15 of 1990.

2. “Key facts” necessary for the adjudication of this regular second appeal are that respondents-plaintiffs (hereinafter referred to as the plaintiffs) have instituted suit for possession against the appellants-defendants (hereinafter referred to as the defendants). According to the averments made by the plaintiffs, one Sakina Bibi (predecessor-in-interest of the plaintiffs) was granted nautor land, as detailed in the plaint, on 16.9.1972 and 28.6.1974, respectively. The mutation was also attested in her name. Smt. Sakina Bibi died on 28.3.1982. The suit land was inherited by her sons, who are the plaintiffs. The grievance of the plaintiffs, in a nut shell, is that the defendants in collusion with revenue staff got themselves incorporated in the revenue record as non-occupancy tenants, though they have not paid any rent. The revenue entries were wrong, illegal and against the provisions of law.

3. The suit was contested by the defendants. According to them, they were in fact inducted as t























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