DHARAM SINGH Vs. PREM SINGH

JUDGEMENT

(1.) This second appeal arises out of the judgment and decree of the learned District Judge Hamirpur, dated 15th September, 1993.

(2.) The facts necessary for the disposal of this appeal may be noticed thus. The plaintiff -respondents filed a suit for declaration that they are the owners in possession of the land comprising Khasra No. 1427, measuring 16 kanals 1 marla situate in Tikka Sohari Tehsil Barsar, District Hamirpur, as per Jamabandi for the year 1977 -78. A restraint was also sought on the defendants from interfering with the possession of the plaintiffs over this land.

(3.) The case of the plaintiff was that the plaintiffs are owners in possession of this land and defendants were unnecessarily threatening to take forcible possession of the land. They also threatened that they will get the entry in the revenue record corrected in connivance with the revenue staff. It was further stated that the nature of the land is "Banjar Quadim" and therefore, there is no question of any possession or tenancy of the defendants over this land.