SHANKAR (DECEASED) THROUGH LRS Vs. RAM AND OTHERS

JUDGEMENT

(1.) This is the second appeal filed by unsuccessful defendants against concurrent judgments and decrees passed by the Courts below.

(2.) For convenience, the parties would be referred herein as the plaintiffs and the defendants; as they were described in the original suit.

(3.) The brief facts of the case are that the plaintiff/respondent No. 1 herein had filed a suit for permanent injunction against the defendants for restraining the latter from interfering in the peaceful possession of the plaintiff over the suit land measuring 12 Kanals comprised in Khasra No. 100/3/2(4-0), 8 (8-0) situated in Village Dhana Tehsil Hansi District Hissar. It was pleaded in the suit that the father of the plaintiff-Naurang had been cultivating the suit land for the last 25-30 years as tenant-Gair Marusi under Raja Harinder Singh. Earlier the father of the plaintiff had been recorded in the revenue record in his capacity as tenant. Thereafter, the entries since the crop of Rabi 1983 are in the name of plaintiff himself. However, some entries of Khasra Girdwari for the crop of khariff 1981-82 were wrongly entered in favour of the defendant No. 2, regarding which an order of correction of khasra Girdawari had already been passed by the Tehsildar; on the application moved by the plaintiff. However, on the basis of those stray entries, which now even stand corrected in the name of plaintiff, the defendant wanted to dispossess the plaintiff. Hence, the present suit for injunction was filed.