LAL CHAND (DECEASED) Vs. JARNAIL SINGH (DECEASED)

JUDGEMENT

(1.) This appeal, preferred under Section 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dated 22.2.1977, passed by Second Additional District Judge, Nainital in Civil Appeal No. 103 of 1973 arising out of Original suit No. 59 of 1972.

(2.) HEARD learned Counsel for the parties.

(3.) THE defendant/respondent Jarnail Singh contested the suit by filing a written statement whereby the contents of the plaint were denied. It is pleaded by the defendant that entry as Adivasi in favour of plaintiffs was made wrongly in the fasli year of 1374 (calendar year 1967), in favour of the plaintiffs. Said entry was a forged one. It is further pleaded that in fact defendant is in cultlvatory possession of the land in suit. It is alleged by the defendant that plaintiffs have no concern over the land in question.