GAMBHIR SINGH Vs. KALYAN

JUDGEMENT

(1.) THIS second appeal arises from judgment dated 10.7.1996 of Additional District Judge, Gohad in Civil Appeal No. 30/92 whereby decree of the trial Court i.e. Civil Judge, Class-II, Gohad, dismissing the suit No. 2-A/71 of the plaintiffs, was confirmed.

(2.) THE suit of the plaintiffs was that they were Bhumiswamis in the entire suit land situated at Khasra No. 114 in village Baroli district Bhind and that entries in the record of rights about the names of defendants being the Bhumiswami as also the order of Naib Tahsildar dated 11.8.1970 directing that the defendants be entered as Bhumiswami of the entire land was illegal and without jurisdiction. So the plaintiffs suit was for declaration of Bhumiswami right of the entire land which was 15 bighas. They also sought permanent injunction against the defendants against interfering in the possession of the plaintiffs.

(3.) THE trial Court had proceeded with the trial on the following issues :