The central legal point established in the judgment is the interpretation and application of the Himachal Pradesh Tenancy and Land Reforms Act, particularly the significance of revenue documents, the presumption of truth enjoyed by the revenue entries, and the statutory bestowment of proprietary rights upon a 'Gair Marusi' as per Section 104 of the Act.

JUDGMENT

Sureshwar Thakur, J. - The learned Civil Judge (Sr. Div) Court No.1, Una, District Una, H.P., upon, Civil Suit No. 221/92, instituted, as, plaintiff, by, Suhru Ram, against, Bihari Lal, declined, vis-a-vis, him, the, espoused declaratory relief, qua, his holding the status, as, a "Gair Marusi", vis-a-vis, the suit land. However it made decree, vis-a-vis, him and, against, Bihari Lal, whereupon, the latter became restrained from forcibly evicting him, from, the suit land excepting, though, his recoursing the process, of, law, and, also, upon, Civil Suit No. 233/92 instituted, as, plaintiff, by, Bihari Lal, against, Suhru Ram, and, wherein the afore plaintiff rather claimed rendition, of, a decree of permanent injunction, it recorded, a, conjoint order, of, dismissal thereon(s).

2. Both the afore Civil Suits were decided, under, a common verdict, recorded, on, 10.5.2006, hence by the learned trial Judge. Both the aggrieved therefrom cast separate appeal(s) thereagainst, before, the learned Additional District Judge, Fast Track Court, Una, H.P.

3. Aggrieved Bihari Lal instituted, two, Civil Appeal(s) respectively bearing No. 16/06, and, No. 17/06, in as much, as, one became reared against the dismissal of his suit, for, injunction, and, other became reared against, the, part decreeing, vis-a-vis, the plaintiff Suhru Ram''s suit, wherethrough, he become restrained, from, evicting Suhru Ram, from, the suit land except in due course, of, law. Suhru Ram instituted Civil Appeal No. 21/06 against, the, declining to him, the relief of declaration, qua his being pronounced, to be, holding the status of "Gair Marusi", vis-a-vis, the suit land. All the afore appeals were decided, under, a common verdict recorded on 6.12.2008, and, therethrough all the afore appeals, became dismissed.

4. The instant appeal is preferred, at, the instance of Suhru Ram (now deceased), upon, his becoming aggrieved, against, the concurrently recorded verdicts, against him, by both the Courts below, wherethrough, the espoused relief, of, declaration qua his being pronounced, as "Gair Marusi", vis-avis, the suit land became declined to him.

5. When the instant appeal, came up, for, admission, this Court admitted the appeal, on, 13.3.2009, on, the hereinafter extracted substantial questions of law:-

1. Whether the documents exhibit P-1 could be ignored by the courts below as having been not pleaded whereas it was specifically pleaded in the writtenstatement filed by the appellant in the suit filed by the respondent and the findings thus are vitiated?

2. Whether the Courts below have misread and mis appreciated the statements of PW-2 and PW-3 who have proved the due execution of exhibit P-1 by late Smt. Bhagti original owner?

Substantial questions of law:-

6. All the revenue documents, as, appertaining to the suit khasra numbers, and, as, comprised in jamabandi(s) commencing since 1978-1979, hence, make clear revelations, vis-a-vis, the suit land, becoming therein disclosed, to be, in cultivation, of, one Smt. Bhagti, and, therein the name, of, plaintiff Suhru Ram, does not occur. However, in pursuance, to, an order made, on, 28.3.1995, by the Land Reform Officer Settlement, Una, the name, of, plaintiff Suhru Ram was recorded, as, Kabij, vis-a-vis, the suit khasra numbers. However, the column of rent, of the apposite Jamabandi, remained blanked, and, thereupon both the Courts below hence concluded, that, the simplicitor entry, of, the plaintiff Suhru Ram, as, Kabij, vis-a-vis, the suit khasra numbers, dehors, the column, of, rent of the apposite jamabandi, hence carrying apposite entries, rather not being amenable, for, constraining a conclusion, vis-a-vis, the status of Suhru Ram, vis-a-vis, the suit khasra numbers, being, in, the capacity of, a, "Gair Marusi".

7. The further sequel thereof being, qua, the further conclusion, as, made by both the Courts below, vis-a-vis, presumption of truth, enjoyed by the revenue entries, appertaining, to, the suit khasra