JUDGMENT :

Jyotsna Rewal Dua, J.

Name of defendant No. 2 was recorded as non-occupancy tenant over the suit land on payment of ‘Chakota’ of Rs. 0.47 per kanal per year in revenue records w.e.f. 1968. In a suit filed by the plaintiff/land owner on 08.12.1995, inter alia, these revenue entries were challenged. Defendant No. 2 pleaded that the entries were incorporated in the revenue record on the basis of spot position, after the orders were passed in this regard by the competent authorities in accordance with law and that after coming into force of the H.P. Tenancy and Land Reforms Act, she had become owner of the land in question. Learned trial Court decreed the suit on 27.04.2006. The decree was reversed by the learned first appellate Court on 15.10.2008 and suit was dismissed. Aggrieved, plaintiff has filed this second appeal.

2. Facts

2(i) (a) Suit was filed by the appellant on 08.12.1995 for declaration to the effect that :-

(i) He is owner in possession of the land measuring 22-75 hectares, comprised in Khasra Nos. 1055 and 1056, as entered in missal hakiyat bandobast jadid sani for the year 1992-93, situated in mauza Khad, Tehsil and District Una, H.P.

(ii) Revenue entries appearin