RAMESHWAR AND ORS. Vs. MOHAR SINGH

JUDGEMENT

(1.) C.M. No. 10752 -C of 2015.

(2.) THIS is an appeal directed by defendants/appellants against the judgment and decree dated 10.04.2015 passed by Shri Rajesh Kumar Bhankar, Additional District Judge, Bhiwani vide which the appeal preferred by the defendants against the judgment and decree dated 31.01.2013 passed by Shri Sunil Kumar, the then learned Additional Civil Judge (Junior Division), Loharu, was dismissed.

(3.) IT is further pleaded by the plaintiffs that he is resident of village Allaudinpur (Bhungla) and earns his livelihood by doing agriculture work and has good faith in law. As per revenue record the suit land is shown to have been in possession of Shamlat Patti Sheo Chand Hasab Rasad Kabja, which has been being cultivated by the plaintiff as gair mourusi since 60 years ago, on payment of nominal rent. Further, it is pleaded that recently the suit land has been cultivated by the plaintiff and on the spot the plaintiff is in cultivating possession of the same. Khasra girdwari of the suit land is also continuing in the name of the plaintiff. Plaintiff is not the co -sharer in the Shamlat Patti Sheo Chand, rather, he used to cultivate the suit land as Muzara gair mourusi. Further, it is pleaded that consolidation proceedings are going on in the khewat and during consolidation plaintiff has come to the notice of wrong entry as co -sharer in the cultivation column and prior to this, plaintiff had no knowledge of the same. Further, it is pleaded that defendants have no concern whatsoever with the ownership, possession and cultivation of the plaintiff over the suit land. The defendants are strong headed person, who have no faith in law and are adamant to interfere into the peaceful possession of the plaintiff as muzara gair mourusi over the suit land and also adamant to destroy the crops sown by the plaintiff. The defendants have also given threat to the plaintiff on 16.10.2010 in this regard. Hence, this suit.