ISHAM SINGH Vs. KARAM SINGH

JUDGEMENT

(1.) This petition has been directed against the order dated 13.11.1997 passed by the learned Additional District Judge, Karnal. By this order, the learned Additional District Judge has upheld the order dated 22.5.1997 passed by the learned Civil Judge (JD) Karnal by which the learned Civil Judge has allowed the application filed by the plaintiff/respondents u/O. 39 Rules 1 and 2 read with Section 151 C.P.C.

(2.) Mr. Yadav the learned counsel appearing on behalf of the petitioner submits that the learned trial Court in the order dated 22.5.1997 has noticed the demarcation report which is on the file of the learned trial Court but in spite of demarcation report, the learned trial Court has not relied on the same. He, therefore, contends that the impugned orders passed by the Courts below are liable to be set aside. I, however, do not find any merit in the contention raised by the learned counsel for the petitioner. From the order passed by the Courts below, I find that both the Courts below have relied on the revenue record which are in favour of the plaintiffs and relying on the revenue record came to prima facie conclusion that the plaintiffs are in possession. I do not find any infirmity or illegality in the prima facie conclusion arrived at by the learned courts below. Accordingly, the petition which is without any merit is dismissed. The observations given herein above shall, however, not have any bearing on the merits of the case.