JUDGMENT :

Jyotsna Rewal Dua, J.

Having suffered by two concurrent judgments and decrees, the defendants are in second appeal.

2. The appeal was admitted on 27.08.2009, on following substantial questions of law:-

"1. Whether proprietary rights under H.P. Tenancy and Land Reforms Act can be conferred by Assistant Collector 2nd Grade?

2. Whether the Ard Salidaran (Manager) has right to induct tenant over the suit land?

3. When the order of mutation passed by the Revenue Officer is under challenge and the appeal is pending before the Appellate Revenue Court, can the same be declared legal and valid by the Civil Court during the pendency of the appeal?"

The parties hereinafter are being referred as they were before learned trial Court.

3. Brief facts for adjudication of the appeal may be noticed hereinafter:-

3(i). Jamabandi for the year 1970-71 (Ext.D-4), recorded plaintiff's possession over the suit land as non-occupancy tenant, on payment of 1/3rd of the produce under Sh. Lal Chand & Sohan Lal-the Ard Salidarans (Managers). Shri Kishore Chand, Madan Lal etc. were recorded as owners of the suit land.

3(ii). In Jamabandi for the year 1992-93 (Ext.P-2), suit land was recorded in the ownership of