MANI RAM BISHNOI Vs. KAUSHLYA DEVI

JUDGEMENT

(1.) DEFENDANT No. 1 is in second appeal aggrieved against the judgment and decree passed by learned first Appellate Court on 23.2.2004, whereby an appeal filed against the decree for possession, passed by the learned trial Court, was dismissed.

(2.) THE plaintiffs claim themselves to be owners to the extent of 7/10th share of the land measuring 43 kanals 1 marla, situated within the revenue estate of Fatehabad. The remaining land i.e. 3/10th share is stated to be owned by the State of Haryana. It is the case of the plaintiffs that the land was initially shown in possession of the tenant named Mansa Ram and later on in possession of his son Sant Lal, but the physical possession of the land always continued with the plaintiffs. Defendant No. 1 in collusion with Naib Tehsildar Gian Prakash Bishnoi got the Khasra Girdawari entries changed in his name on 30.11.1993, showing himself to be a Gair Marusi tenant to the extent of 1/3rd Batai. It is the case of the plaintiffs that defendant No. 1 never remained in possession of the land, therefore, the change in the Khasra Girdawari entries is null and void. Since defendant No. 1 has entered possession on the basis of change in the Khasra Girdawari entries forcibly, therefore, the plaintiffs claim possession of the suit land through the present suit.

(3.) ISSUE Nos. 1 and 7-A are the material issues, which read as under :-