AMIN CHAND Vs. BHAGTU

JUDGEMENT

(1.) This appeal was admitted on 17-12-1996 on the following substantial questions of law :

(2.) Learned counsel for the parties have been heard on the above and with their assistance record of the Courts below has also been examined. Facts as they emerge and are relevant for the disposal of the present appeal are as under :- Amin Chand and others, hereinafter referred to as "the plaintiffs", filed a suit for declaration to the effect that they are owners in possession of the suit land as per entries made in Jamabandi for the years 1981-82. The entries in the name of Bhagtu respondent, hereinafter referred to as "the defendant" showing him as a tenant at will are wrong, null and void, contrary to law and have no binding force on their rights. By way of consequential relief, a decree for permanent injunction was also prayed for against the defendant from in any manner interfering with the possession of the plaintiffs over the suit land.

(3.) Cause for maintaining the suit pleaded was, that the plaintiffs claimed themselves to be owners in possession of the suit land, and at no point of time they had inducted the defendant as tenant over it. Per them during consolidation in the year 1982 they came to know about the wrong entries. While advancing their case, plaintiffs pleaded further that they are in continuous possession without any interference from anyone including the defendant. When defendant was called upon to concede the claim of the plaintiffs, he declined, hence necessity of filing the suit. Plaint in this case was filed on 29-3-1988. Cause of action accrued to plaintiffs per them one week back, (i.e. from the date of filing of the suit/date of plaint. Plaint is dated 29-3-1988.