DAULAT RAM Vs. DEVI RAM

JUDGEMENT

(1.) THIS is a regular second appeal filed by the appellant/plaintiffs under Section 100 of the CPC against the judgment and decree, dated 26.7.2000, passed by the learned Additional District Judge, Solan, vide which he affirmed the judgment and decree passed by the learned Sub Judge, Arki, District Solan, H.P., dated 13.8.1997, decreeing the suit of the plaintiff partly.

(2.) BRIEFLY stated, the facts of the case are that the appellants (hereinafter also referred as the plaintiffs) filed a suit for declaration as against the respondents (hereinafter also referred to as defendants). The plaintiffs had claimed that they alongwith proforma defendants 4 to 6 are owners in possession of the land as described in the plaint, measuring 14 bigha 6 biswas. They also claimed the relief of declaration that the revenue entries showing defendant No.2 as owner are wrong and illegal and that defendant No.2 be restrained from claiming any payment of the acquired land from defendants No.1 and

(3.) ON the pleadings of the parties, as many as 13 issues were framed by the learned trial Court and it is not necessary to reproduce all of them. Parties led their evidence and the learned trial court vide its impugned judgment held that the plaintiffs are entitled to the relief of declaration that they are owners in possession of the land measuring 8 bgiha 10 biswas excluding the land already acquired by the State of H.P. for defendant No.3.