(1.) For the reasons mentioned in the application, delay of 31 days in re-filing the appeal is condoned. The application stands allowed accordingly. Main Appeal : Defendants No. 1 to 4, having lost before the courts below, have approached this Court by way of instant second appeal.
(2.) Respondents No. 1 to 5/plaintiffs filed suit against appellants/ defendants No. 1 to 4 and proforma respondents No. 6 to 28, who include legal representatives of some of the defendants alleging that plaintiffs are in possession of the suit land as tenants on payment of nominal rent. Khasra girdawari was corrected in favour of their predecessors vide order dated 25.11.1974 passed by Assistant Collector. However, entries in revenue record were suddenly changed in the year 1999 in favour of Chandgi - predecessor of defendants No. 1 to 8. The said change was made without any notice to the plaintiffs and without any order. The plaintiffs accordingly sought declaration that they are tenants in possession of the suit land on payment of nominal rent and revenue entries in favour of Chandgi - predecessor of defendants No. 1 to 8 are illegal and null and void and liable to be corrected. Permanent injunction restraining defendants No. 1 to 8 from interfering in peaceful possession of the plaintiffs over the suit land was also claimed.
(3.) Defendants No. 1 to 8 only contested the suit, whereas defendants No. 9 to 27 were proceeded against ex-parte.