Himachal Pradesh High Court
Pran Nath And Others vs . Duni Chand on 25 March, 2026
Pran Nath and others vs. Duni Chand
.
(deceased) through LRs and others
RSA No. 186 of 2022
25.03.2026 Present: Ms. Devyani Sharma, Senior Advocate with Mr.
Anirudh Sharma, Advocate, for the appellants.
of
Mr. Pranjal Munjal, Advocate, vice Mr. Janesh
Gupta, Advocate, for respondents No. 3 to 6, 9
and 10.
rt
Respondents No. 1(a), 2(a), 7 and 8(a) are ex-
parte.
Heard.
Admitted on the following substantial questions
of law:-
1. Whether the learned lower Appellate
Court is right in holding the tenancy of
defendants Nos. 1 to 8 in the absence of
any proof of creation of tenancy orpayment of rent ?
2. Whether the appellants had been
successful in rebutting the presumption
attached to the revenue record and
establish that the entry of tenancy in
favour of defendants Nos. 1 to 8 and their
predecessor-in-interest was behind their
back and without notice to them ?
3. Whether the impugned judgment and
decree are sustainable when the learned
lower Appellate Court has come to a
categorical conclusion that the vestment of::: Downloaded on – 27/03/2026 20:38:43 :::CIS
proprietary rights in favour of defendants
Nos. 1 to 8 was wrong, illegal and not.
binding upon the rights of the appellants
and the sale deeds without any authority
or legal right by the defendants could be
upheld ?
4. Whether the learned lower Appellate
of
Court has failed to take into consideration
an important fact that the defendants Nos.
rt
7 and 8 who were the successors in
interest of Sh. Lobhi had clearly admitted
the claim of the plaintiffs and denied
creation of any tenancy in favour of Lobhi
Ram or his successors in interest or their
possession over the suit land ?
List for hearing in due course. Record be
requisitioned.
(Romesh Verma)
Judge
March 25, 2026 (Nisha)
::: Downloaded on – 27/03/2026 20:38:43 :::CIS
