TARA CHAND Vs. KUMARI RAJNI JAIN

JUDGEMENT

(1.) THE substantial question of law which arises for consideration in the instant appeal is whether the finding by the learned Trial Judge pertaining to issue No. 1 and 2 is sustainable in law.

(2.) ON 5. 7. 2002 learned Trial Judge framed the following issues:-

(3.) IN the suit, appellants who were the plaintiffs, had pleaded that they were in possession of the suit land which was hithertofore shamlat land and on consolidation of the village Rajokri in the year 1954-55 was assigned khasra No. 2052-2056. They pleaded that notwithstanding plaintiffs being in possession of the suit land through their ancestors it was wrongly declared as vested in the gaon sabha but notwithstanding said entry in the revenue record, plaintiffs continued to remain in cultivatory possession of the land. It was stated that adjoining lands belonged to one Chandi Ram and Samay singh who sold off the same to Rajni Jain, defendant No. 1. That defendant No. 1 has carved out small portions of the adjoining land and sold the same to defendants No. 2 to 5.