RANJIT SINGH Vs. TEK CHAND

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree passed by the learned Additional District Judge (Fast Track Court), Una in Civil Appeal No.102 of 2008 on 31.3.2011.

(2.) MATERIAL facts necessary for adjudication of this regular second appeal are that the respondents/plaintiffs (hereinafter referred to as the plaintiffs - for convenience sake) filed a suit for declaration to the effect that they alongwith appellants/defendants (hereinafter referred to as the defendants - for convenience sake) are owners in possession in equal shares of the land situate in village Nangran, Tehsil and District Una, measuring 0 -01 -84 hectares, bearing Khewat No.385, Khatauni No.433, Khasra No.2228/1 as per Misal Hakiat Bandobast Jadid Sani for the year 2000 -2001 and the revenue entries showing the defendants to be in exclusive possession of the suit land are null and void. According to the plaintiffs, the common predecessor -in -interest of the parties to the suit, namely, Ghahi was in exclusive Hissedari possession over the suit land. He was succeeded by the parties to the suit. According to the plaintiffs, the defendants in connivance with Patwari Halqua and other revenue officials and without any notice to the plaintiffs or their predecessor ­in -interest, unauthorisedly got themselves recorded in exclusive Hissedari possession of the suit land. The suit land was depicted as old Khasra No.855, Consolidation Khasra No.504 and Settlement Khasra No.2228/1.

(3.) THE learned Civil Judge (Junior Division), Court No.2, Una framed the issues on 4.2.2006. The learned Civil Judge (Junior Division) partly decreed the suit and the plaintiffs alongwith defendants were held to be co -sharers in the suit land and the revenue entries to the contrary were declared null and void.