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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Tulsi Ram – Appellant
Versus
Chet Ram – Respondent
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 the learned Trial Court for seeking permanent prohibitory injunction restraining the defendant from interfering in the peaceful possession of the plaintiff and cutting and removing the trees from the suit land comprised in Khata/Khatauni No. 3/3, Khasra Nos. 9 and 11, measuring 33-15 bighas, situated in Village Samoth, Pargana Deora, Tehsil Solan, H.P. It was asserted that the plaintiffs are joint owners-in-possession of the suit land. The defendants trespassed into the suit land on 20.5.1996 and threatened to cultivate it, cut and remove
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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