AMRIK SINGH Vs. OM PARKASH

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgement and decree of the lower Appellate Court whereby the judgment and decree of the trial Court has been set aside and the suit of the respondents -plaintiffs has been decreed.

(2.) APPELLANT -defendants has assailed the impugned judgment and decree on the ground that lower Appellate Court has committed illegality, perversity much less misread and misdirected in reading the oral and documentary evidence on record, thus urged the present regular second appeal involves following substantial questions of law: -

(3.) PLAINTIFFS -respondents filed a suit for declaration to the effect that plaintiffs and defendants No.5 to 8 are co -owners in possession to the extent of 2/3rd share in land measuring 5 kanlas 7 marlas as comprised in khewat No.7, khatouni No.10, killa No.24/2 (5 -7) as per the jamabandi for the year 2004 -05, Had Bast No.124, situated in village Lakhan Khurd, Tehsil and District Gurdaspur and further sought declaration that the entries in the revenue record showing Rakho Devi to be owner in possession to the extent of 7/24 share and Smt. Vimal widow of Lekh Raj and Suresh Kumar, Sanjay Kumar, Sandeep Kumar and Smt. Sunita, sons and daughters of Lekh Raj showing to be owners in possession, to the extent of 5/24 share in the suit land were wrong, illegal, null and void and therefore, liable to be rectified, consequential relief of permanent injunction restraining defendants No.1 to 4 from interfering in peacefulRSA cultivating possession of plaintiffs and defendants No.5 to 8 or dispossessing them from the suit land forcibly was also sought. In the alternative relief for possession of land measuring 5 kanals 7 marlas as described above from the defendants No.1 to 4, was also sought. Defendants No.5 to 8 admitted the claim of the plaintiffs qua entry in the revenue record which was sought to be rectified. However, defendants No.1 to 4 contested the suit of the plaintiffs and claimed that they have become owners by way of adverse possession as shown in the column of cultivation in Jamabandi for the year 1984 -85 (Ex.P4.).