HARDYAL AND ORS. Vs. JIU AND ORS.

JUDGEMENT

(1.) BY this common judgment aforesaid two RSAs are being decided. For clarity sake, facts are being taken from RSA No. 1155 of 1992.

(2.) PLAINTIFFS Hardayal & others filed suit for permanent injunction against the defendants for restraining them from interfering in possession of the plaintiffs over the suit land measuring 26 kanals 16 marlas situated in village Mohamadpur, as per Jamabandi for the year 1980 -81. Plaintiffs claimed that the entries in the revenue record are wrong and they are in possession of the suit land from the time of immemorial. A petition under Section 7 of the Punjab Village Common Land Act, 1961 was filed and the same was decided by the Assistant Collector on 26.06.1980, in which possession of the plaintiffs was established over the suit land since 1942 -43. Possession of the plaintiff over the suit land was claimed to be continuous and un -interrupted. With this background suit in question was filed against the defendants.

(3.) AFTER completion of the proceedings in terms of adjudication, trial Court framed the following issues on 21.04.1987: -