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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Bipin Chander Negi, J
Bhawani Parshad – Appellant
Versus
Ranjit Singh (Deceased) through LRs – Respondent
JUDGMENT :
Bipin Chander Negi, J.
This appeal has been preferred by the appellants against the judgment and decree dated 09.09.2022 passed by Ld. District Judge-III, Kangra at Dharamshala, Camp at Baijnath, District Kangra in Civil Appeal No.23-B/2018. Vide said judgment, the Appellate Court has upheld the judgment and decree dated 26.09.2018 passed by the learned Civil Judge, Baijnath, District Kangra, HP in Civil Suit No. 44/2013, titled Ranjeet Singh & Ors. Vs. Bhawani Parshad & Anr.
2. The present appellants were the defendants/appellants before the trial Court. The facts leading up to the present appeal are that the present respondents/plaintiffs before the trial Court filed a suit seeking a declaration that they are owners in possession of a 4/5th share of the tenancy land comprised in Khata No.42, Khatauni No. 107, Khasra Nos. 142, 145, 149, and 169, Kitas-4, ad-measuring 0-28-41 hectares, situated in Mohal Kothi, Mauza Paprola, Tehsil Baijnath, District Kangra, Himachal Pradesh, as per the Jamabandi for the year 2008-09 (referred to as the "suit land"). They also sought a permanent prohibitory injunction restraining the defendants/appellants from dispossessing them or altering
The courts affirmed the plaintiffs' continuous possession and rights over the tenancy land, rejecting the defendants' claims of sole tenancy due to lack of evidence.
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
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