MILKHI RAM Vs. RAGHUNANDAN

JUDGEMENT

(1.) This petition in revision filed under Section 115 of the Civil P. C. raises a simple but interesting question of law.

(2.) The facts giving rise to this petition do not appear to be in dispute and may be briefly sketched like this:

(3.) S/Shri Raghunandan, Purshotam Chand, Prakash Chand and Dewan Chand, respondents Nos. 1 to 4, were joint owners in equal shares of a piece of land measuring 3 kanals and 15 marlas comprised in Khasra No. 472 as per jamabandi for the year 1962-63 of Tika and Mauza Moodla Khas, Tehsil Kangra. In the year 1968 these respondents filed a civil suit against the present petitioners for possession of a small area measuring 3 sarshais only forming part of the aforesaid khasra No. 472 on the allegation that the petitioners had illegally encroached upon this much portion of khasra No. 472, a consent decree for possession in respect of the area of 3 sarshais forming part of Khasra No. 472 as claimed in the suit, was passed in favour of the respondents on 712-1968, though the contention of the petitioners was that they had not encroached upon any part of khasra No. 472.