(1.) PLAINTIFFS failed in both the courts below as such filed the present regular second appeal which was admitted on the following substantial questions of law:-
(2.) THE appellants, herein to be referred to as the `plaintiffs' filed a suit for declaration against the defendants/respondents to the effect that they are owners in possession of suit land, i.e., khasra No. 125 measuring 0-06-39 situated in up-mohal Sudharang Tehsil Kalpa District Kinnaur, H.P. with a consequential relief of injunction. THE contention of the plaintiffs has been that they are owners of khasra Nos. 121 to 124 located adjacent to the suit land. According to them, before the settlement suit land was a part and parcel of khasra No. 1176. It was assigned khasra Nos. 121 and 124 after the settlement. THEse khasra numbers were abutting to erstwhile khasra No. 2122/1 belonging to defendant No. 1, which he got as nautor but the land denoted by khasra No. 121 to 124 has been their own inherited property. Further that during settlement, plaintiffs were found in possession of the suit land but the revenue officials entered the plaintiffs in possession of the suit land under defendant No. 1 in the column of possession. THEir request to record them as owners in possession turned deaf-ears to the revenue officials. But in turn wife of defendant No. 1, i.e., defendant No. 2 was entered into its possession. Later, the plaintiffs sought amendment in para 5 of the plaint which was allowed, whereby they asserted their adverse possession over the suit land.
(3.) ON the pleadings of the parties following issues were framed by the learned trial Court:-