KISHORI Vs. BHARTA AND ORS.

JUDGEMENT

(1.) THE plaintiff -appellant challenges judgment and decree dated 03.10.1988 passed by Additional District Judge, Faridabad, accepting the appeal filed by the defendant - respondents and as a consequence, setting aside the judgment and decree for permanent injunction passed by the Additional Senior Sub Judge, Palwal.

(2.) COUNSEL for the appellants submits that the property, in dispute, is a 'gitwar' situated within the abadi deh. As revenue authorities do not demarcate land or maintain record of ownership/possession of land within abadi deh, ownership of such land generally follows possession. The only evidence that can be led in the case of property situated within the abadi deh, is oral evidence. The trial court appreciated the oral evidence and held that the appellant is a co -sharer. The first appellate court has committed an error in reversing this finding. The first appellate court was required to appreciate the oral evidence as well as a judgment recorded in 1952 but has refused to record an opinion on the question of ownership by holding that the question of ownership is irrelevant thereby committing an error of jurisdiction. Counsel for the appellants submits that the following question of law arises for adjudication: -

(3.) COUNSEL for the parties have been heard, the impugned judgments and decrees and the relevant record have been appraised.