MOTI RAM Vs. CHARANJI LAL AND OTHERS

JUDGEMENT

(1.) This is defendant's appeal. Plaintiffs filed the present suit for declaration to the effect that they are owners in possession of land measuring 2 Kanals 5 Marlas in Khasra No. 21R/8/2 in village Burj and the defendants whose names are wrongly and illegally recorded as tenants have no concern in the suit land and they be accordingly restrained from making any interference in the suit land. It was further alleged that the defendants were not in possession of any part of the suit land and the entries in the revenue records showing them as tenants over the property were incorrect. In the alternative, the plaintiffs prayed for possession of the suit land.

(2.) Defendant Moti Ram contested the suit on the ground that the suit was barred by time and that he is in adverse possession of the land for more than 12 years and has become its owner. It was contended that the defendant has come into possession through his predecessor Babu Ram who was his collateral. It was alleged that Babu Ram had encroached upon the suit land and had annexed the same in his adjoining fields and treated the same as part and parcel of his land. It is further contended that the entries in the revenue records are correct and the suit of the plaintiffs should fail.

(3.) Bhagat Ram defendant No. 2 admitted the ownership of the plaintiffs and claimed to be a tenant at will under them. It was contended that he had never been a tenant under Moti Ram, defendant and that Moti Ram had no connection with the suit land.