MUKHTIAR DEVI Vs. GAURAN

JUDGEMENT

(1.) This regular appeal has been directed by the Defendants against the judgment and decree dated 31.3.1990 of the learned District Judge, Una, affirming the judgment and decree dated 27.10.1986 of the learned Sub Judge Ist Class (1), Una.

(2.) The subject matter of the dispute between the parties is the land measuring 23 kanals 3 marlas comprising of Khewat No. 187 min, Khatoni No. 234 min and Khasra Nos. 17/11, 17/12, 18/16 of village Chalola, Tehsil Una, as described in the jamabandi for the year 1975-76 (Ex. P-1) and hereinafter referred to as the land in dispute.

(3.) The case of the Plaintiffs is that they alongwith proforma Defendants No. 6 and 7 (the predecessors-in-interest of the present Respondents No. 16 to 31) are the owners and in possession of the land in dispute. The entries in the revenue record showing the Defendants to be in possession of the land in dispute as tenants at will under them are wrong and not binding on their rights. The Plaintiffs sought permanent injunction for restraining the Defendants from interfering with their ownership and possession qua the land in dispute. It was pleaded that land measuring 11 kanals 18 marlas comprising of old Khata No. 71 min, Khatoni No. 739 and Khasra Nos. 1598, 1636, 1646, 1647, 1648, 1649, 1650, 1651 and 1784 as entered in the jamabandi for the year 1965-66 (Ex.P.5) was owned and possessed by the parties and one Kaka son of Amar Chand as under: