VED PARKASH Vs. PRITAM SINGH

JUDGEMENT

(1.) The appellants brought a suit for declaration that they were owners-in-possession of the disputed land. This suit was resisted on behalf of the respondents on the ground that the claim made by the appellants was incorrect and that in fact they were the owners-in-possession of the same.

(2.) The parties went to trial on the following issues :-

(3.) The learned trial Court held that the appellants had failed to prove that they were the owners of the land or that they were in possession of the same subsequent to June 27, 1963. Since the judgment rendered by the learned trial Court was somewhat confusing, both the parties filed appeals before the learned lower appellate Court. That Court held that the appellants were not in possession of the land, that the memorandum of appeal filed by them was not properly stamped, that at the time of hearing no application under Section 149, Code of Civil Procedure, was made to make up the deficiency in Court-fee and so the appeal deserved to be dismissed on that score. It also held that the appellants were shown as tenants in some of the jamabandis which showed that they did not assert themselves to be the owners of the land in dispute. The document Exhibit P. 1 which was a compromise deed and on the basis of which notice of ejectment issued against the appellants by the respondents was withdrawn was explained away on the ground that the appellants had not been able to prove whether the notice pertained to the land in dispute or not. This compromise was brought about in 1932.