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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Tulsi Ram – Appellant
Versus
Chet Ram – Respondent
| Table of Content |
|---|
| 1. claims of possession and ownership of the land. (Para 2 , 3 , 4) |
| 2. issues framed by the trial court. (Para 5 , 6) |
| 3. trial court's evaluation of evidence. (Para 7) |
| 4. arguments against trial court's findings. (Para 8 , 13) |
| 5. need for registration of family settlement. (Para 14 , 15) |
| 6. non-occupancy tenancy rights and inheritance. (Para 16 , 18 , 22 , 23) |
| 7. civil court's jurisdiction in tenancy cases. (Para 24 , 27 , 28) |
| 8. the sufficiency of suits for injunctions. (Para 31 , 32) |
| 9. final verdict on the appeal. (Para 38 , 39) |
JUDGMENT :
Rakesh Kainthla, J.
The present appeal is directed against the judgment and decree dated 20.4.2005, passed by learned Additional District Judge, (Presiding Officer), Fast Track Court, Solan, District Solan, H.P. (learned First Appellate Court), vide which the judgment and decree dated 30.7.2003, passed by learned Civil Judge, Junior Division, Arki, District Solan, HP, (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.
2. Briefly stated, the facts giving rise to the present appeal are that the plaintiff filed a civil suit before
Non-occupancy tenancy rights are inheritable under the Hindu Succession Act, contradicting earlier rulings that deemed them non-heritable.
Civil courts have jurisdiction over rival tenancy succession claims; rights devolve by statutory succession, not Will; no proprietary vesting for tenants under widows during lifetime.
Revenue records do not confer title; civil courts lack jurisdiction over revenue matters, affirming the authority of revenue officials in correcting entries and ejecting trespassers.
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.
Long-term possession under the Punjab Tenancy Act can lead to ownership rights, even in cases involving evacuee property.
The appellate court can reverse trial court findings and consider all evidence in a permanent injunction suit, even after confirming some findings, if the trial court inadequately assessed the eviden....
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