YOUDHISTER Vs. SIRI RAM

JUDGEMENT

(1.) THIS is a Regular Second Appeal and has been directed against the judgment and decree dated 11.12.1985 passed by the Court of Additional District Judge, Kurukshetra whereby the learned Additional District Judge confirmed the judgment and decree dated 27.8.1983 of the Trial Court by which the suit of the plaintiffs/respondents for possession, as prayed for, was decreed.

(2.) THE brief facts of the case are that Sarv/Shri Siri Ram and others filed suit for possession of the land measuring 8 Kanals as mentioned in para No. 1 of the plaint, situated in the revenue estate of village Bakhli, Tehsil Guhla, District Kurukshetra, vide Jamabandi for the year 1975-76 and the case set up by the plaintiffs was that previously the land in suit was Jumla Mushtarka Malkan and was in possession of the proprietors of the said village according to Hasab Rasad Zare Khewat. All the proprietors of the village got the said land partitioned vide mutation No. 1637 and the land mentioned in para No. 1 of the plaint fell to the shares of the plaintiffs and they are in exclusive possession of the land. The defendant has no right, title or interest in the suit land, is in unauthorised possession of the same without the consent of the plaintiffs. The defendant was called upon several times to vacate the possession, but to no effect. Hence the suit.

(3.) ON the above pleading of the parties, the learned Trial Court framed the following issues:-