(1.) THIS judgment shall dispose of 12 regular second appeals i.e. RSA Nos. 3800 of 2004, 3432 of 2004, 3673 of 2004, 3674 of 2004, 3801 of 2004, 4230 of 2004(hereinafter called 1st set of appeals), 2035 of 2005, 2036 of 2005, 2037 of 2005, 2038 of 2005, 2039 of 2005 and 2040 of 2005 (hereinafter called 2nd set of appeals), as a common substantial question of law on identical facts arises in all these appeals.
(2.) IN both set of appeals, the cases of the plaintiffs before the trial Court was that though provincial Government was the owner of the property in dispute. However, they made it cultivable after 20 years of hard work and spending huge amount and since then they were in actual and physical cultivating possession thereof and therefore they were entitled to protect their possession over the suit land and they could be dispossessed only in accordance with law.
(3.) FEELING aggrieved therefrom, the defendants filed appeals before the Lower Appellate Court in all the cases. In the 1st set of appeals, vide impugned judgment and decree, the Lower Appellate Court set aside the judgment and decree of the trial Court and dismissed the suits, whereas in the 2nd set of appeals, the trial Court judgment and decree was affirmed by the Lower Appellate Court.
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