CHATTAR SINGH Vs. RAJENDRA SINGH

JUDGEMENT

(1.) IN this second appeal, the appellants who were plaintiffs in the lower court are aggrieved by the judgment and decree passed by the first appellate court in Civil Appeal No.39A of 2006 whereby, the learned Additional District Judge has confirmed the judgment of Civil Judge Class II Jaura dated 30.1.2004 passed in COS No.22A of 2003.

(2.) BRIEF facts according to the appellants giving rise to the filing of this appeal are that the plaintiff/appellants instituted a suit for declaration of title and permanent injunction against the defendant/respondent with respect to certain agricultural land which they claimed to be in their possession for the last more than 50 years. According to them, on 28.5.2003 village patwari informed that patta of the aforesaid land has been granted in favour of respondents no.1 and 2 and asked them to leave the possession, therefore, they obtained certified copy of khasra and then came to know on 22nd October, 2002 that patta was granted by the revenue authorities in favour of the respondents.

(3.) THE respondent filed written statement and denied the allegations made in the plaint contending that the appellants were neither owner nor in possession and never cultivated the land. It was also submitted by the respondents that after grant of patta, they were in cultivatory possession of the land in dispute and patta was rightly granted. After recording evidence of the parties, the trial court dismissed the suit of the appellants.