THOPI Vs. GAWANU

JUDGEMENT

(1.) The plaintiffs instituted Civil Suit No. 37/99/94 before the learned Sub Judge, Court No.2, Mandi, District Mandi, H.P. In the afore instituted civil suit, the plaintiffs sought a declaration, for setting aside and quashing of the revenue entries as made in the jamabandis appertaining to the suit land. Furthermore, the plaintiffs also claimed, the, making of a decree for permanent prohibitory injunction, vis-a-vis, the suit khasra numbers, and, against the defendants, for restraining them from interfering with the possession of the plaintiffs over the suit land. The learned Civil Court concerned, made a decision, on 18.05.2002, upon, the afore civil suit. Through, the afore made verdict, the learned Civil Court concerned, dismissed the plaintiffs' suit. The aggrieved plaintiffs, challenged the verdict of dismissal of their suit, as made by the learned trial Court, through, theirs instituting an appeal before the learned First Appellate Court. The learned First Appellate Court, through, a verdict made, on 2.11.2006, upon, Civil Appeal No. 89/2002, 152/2004, dismissed the plaintiffs' appeal, and, consequently, maintained the verdict of dismissal of the plaintiffs' suit, as, pronounced by the learned trial Court concerned.

(2.) Consequently, the plaintiffs are aggrieved by the afore respective concurrently recorded verdicts of dismissal of the their Civil Suit, and, of their Civil Appeal, respectively by the learned Trial Court concerned, and, by the learned First Appellate Court, and, for annulling the afore concurrently recorded verdicts, they instituted the extant Regular Second Appeal before this Court. Top

(3.) When the appeal came up for admission, this Court, on 25th March, 2009, hence, admitted the appeal instituted by the plaintiffs/appellants, against the judgment and decree, rendered by the learned first Appellate Court, on the hereinafter extracted substantial questions of law:-