JULMI AND ANOTHER Vs. DIWANA ALIAS DIWAN CHAND

JUDGEMENT

(1.) This appeal has been admitted on the following substantial questions of law:-

(2.) The defendants have assailed the judgment, decree dated 12.8.2004 passed by the learned District Judge, Kangra at Dharamshala in Civil Appeal No. 96-K/XIII-2008 reversing judgment, decree dated 29.5.2003 passed by learned Sub Judge 1st Class (I), Kangra in Civil Suit No. 64 of 2000.

(3.) The pleaded case of the respondent, who was plaintiff is that the suit land vide jamabandi 1994-95 is recorded in the ownership and possession of the appellants. The suit land earlier belonged to the predecessor-in-interest of the appellants who by way of oral sale sold the suit land with possession to respondent 16/183 share on 7.11.1955 in Khasra No. 21 measuring 36 Kanals 12 Marlas for Rs. 48.00 and mutation was attested on 8.1.1955. The mutation was reviewed and area was calculated 2 Kanals 15 Marlas. The entries were not incorporated in the subsequent jamabandis and vendor Rasila Ram is continuing in possession in the revenue record even though, the respondent was put into possession by Rasila.