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2019 Supreme(HP) 814

TARLOK SINGH CHAUHAN
HaTarlok Singh Chauhanrbans Singh – Appellant
Versus
Wattan Singh – Respondent


Advocates Appeared:
G.D. Verma, Adv., Romesh Verma, Adv., Bhupender Gupta, Adv., Ajeet Pal Singh Jaswal, Adv.

JUDGMENT :

Tarlok Singh Chauhan, J.

The defendants are the appellants, who aggrieved by the judgment and decree dated 01.11.2007 passed by learned first Appellate Court whereby it reversed the judgment and decree dated 29.8.2000 passed by learned trial Court, have filed the instant appeal.

The parties shall be referred to as the 'plaintiffs' and the 'defendants'.

2. The facts in brief are that the land comprised in Khewat No. 83, Khatauni No. 123, Kitta 53 measuring 251 Kanals 12 Marlas, situated in Tika Lidkot, Tehsil Bangana, District Una, H.P.(hereinafter referred to as the suit land) was the ancestral property. Pohlo Ram, father of the plaintiff No.1 and defendant No.1 was in possession of this land as owner through his ancestors. The parties have a right of ownership and possession in this land since their birth because the same is Hindu coparcenary property. The plaintiffs and defendants have got 1/2 share each in this land. Pohlo Ram died on 14.3.1989 and the mutation No. 953 dated 7.11.1989 qua the suit land was sanctioned in favour of plaintiff No.1 and defendant No.1 in equal share. Later on, on 4.8.1990 the said mutation was wrongly and illegally reviewed and sanctioned in

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