OM PARKASH AND ORS. Vs. RAM TARI

JUDGEMENT

(1.) HEARD and gone through the record.

(2.) PLAINTIFFS -appellants filed a suit for possession of 42 Kanals land, forming part of Khasra No. 1982/404/1, as entered in Jamabandi for the year 1955 -56, situate in village Lal Singi, Tehsil Una, against the predecessor of the defendant -respondent, alleging that land bearing Khasra No. 1982/404/1, measuring 84 Kanals 9 Marlas, had fallen to their share, in a partition and that out of that land the predecessor of the respondent, illegally and unauthorisedly, occupied land measuring 42 Kanals. Suit was dismissed. An appeal was filed before the District Judge, who remanded the case.

(3.) LEARNED trial Court held that neither the plaintiffs -appellants had been able to prove partition nor was there any evidence, indicating that any portion of the suit land had been encroached upon by the defendant -respondent. Appeal was filed in the Court of District Judge, by the plaintiffs -appellants, who came to the conclusion that partition had taken place and some portion of the suit land was with the respondent, but he did not pass any decree in favour of the appellants, on the ground that the land allegedly encroached upon by the respondent had not been identified and its Tatima was not available.