BANWARI Vs. HANUMAN

JUDGEMENT

(1.) The present Regular Second Appeal, at the instance of appellant-defendant No.1, is against the concurrent findings of fact, whereby the suit of the respondent-plaintiff for declaration, has been decreed.

(2.) Plaintiff sought declaration that he had been in cultivating possession of land measuring 24 kanals 0 marlas comprised in Khasra No.2841(8-0), 10(8-0) and 11(8-0), situated at Village Nadhori, Tehsil and District Fatehabad as co-sharer and the girdawari entries in the name of defendants are wrong and illegal with consequential relief of possession in case not to be found in possession and also for setting-aside the orders of the Assistant Collector and the Collector.

(3.) Defendants opposed the suit and raised the objection qua maintainability and alleged that they are owners in possession by way of adverse possession since 1970.