MAAN SINGH Vs. PURSHOTAM

JUDGEMENT

(1.) The plaintiffs are in second appeal before this Court against the concurrent findings of the learned Courts below, whereby the suit for declaration and perpetual injunction filed by the plaintiffs, has been dismissed by the learned Civil Judge (Junior Division), Narnaul vide judgment and decree dtd. 22/4/2015; and the appeal filed by the plaintiffs has been dismissed by the learned District Judge, Narnaul vide judgment and decree dtd. 25/7/2018.

(2.) The parties shall hereinafter be referred to as per their status before the learned trial court i.e. The appellants are the plaintiffs'; and the respondents are the defendants'.

(3.) The brief facts of the case as stated in the plaint are that the plaintiffs are the occupying tenants of the suit property situated at Narnaul as fully detailed in plaint. Prior to them, their forefathers had come in the exclusive ownership and possession over the estate. It is the case of the plaintiffs that the predecessor-in-interest of the plaintiffs namely Bhagwana had occupied the estate as occupancy tenant since the past 64 years prior to filing of the suit; and due to their long-standing possession over the estate, they had acquired the occupancy and all the other appurtenant rights on account of being the occupancy tenants. It is further pleaded that after the death of the predecessor-in-interest of the plaintiffs i.e. Sh. Bhagwana, it is the plaintiffs who, being the successor-in-interest had stepped into his shoes. However, the revenue entries still reflect the names of the defendants in the column of ownership. As such, the said incorrect entries in the revenue record require to be rectified. The defendants, being the powerful people, are bent upon to alienate the suit estate. Accordingly, the plaintiffs sought a declaratory decree to the effect that the plaintiffs, and prior to them the ancestors of the plaintiffs, have been in the ceaseless, continual and exclusive possession over the suit estate; rectification of the existing revenue records as the existing revenue records still reflect the names of the defendants in the column of ownership; and as an auxiliary relief, the plaintiffs prayed for the perpetual injunction injuncting the defendants from invading their incessant possession over the suit property.