(1.) THE contesting Defendants No. 1 and 3 have filed second appeal against judgement and decree dated 1.4.1998 passed by Learned District Judge, Bilaspur in Civil Appeal No. 263 of 1986/85 reversing judgement, decree dated 29.6.1985 passed by Learned Sub Judge Ist Class, Ghumarwin, in Suit No. 108/1 of 1981. The suit was filed by Nikku predecessor -in -interest of Respondents No. 1(a) to 1(e) and Respondents No. 2(a) to 2(f). The other contesting Defendant was Lachhman Ram Respondent No. 17. The parties in the judgement are referred to as Plaintiff(s) and Defendant(s).
(2.) THE facts in brief are that Nikku Plaintiff real maternal uncle of Defendants No. 1 to 3 a recorded co -sharer in the suit land filed a suit on the allegations that Defendants in collusion with revenue staff got their possession wrongly recorded, the entry of "Billa lagan bavajah parvarish" is illegal and void. The Plaintiff never inducted Defendants No. 1 to 3 as tenants on the suit land. On 20.12.1980, the Defendants No. 1 to 3 tried to forcibly dispossess him. The Plaintiff filed the suit for declaration, permanent prohibitory injunction and for possession in alternative, if during the pendency of the suit the Plaintiff is dispossessed forcibly.
(3.) ON the pleadings of the parties, the following issues were framed: