(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 30.9.2008 rendered by the Additional District Judge (II) Kangra at Dharmashala in Civil Appeal No. 17 -K/2003.
(2.) "Key facts" necessary for the adjudication of this Regular Second Appeal are that appellants -plaintiffs (hereinafter referred to as the "plaintiffs" for convenience sake) filed a suit against the respondents -defendants (hereinafter referred to as the "defendants" for convenience sake) seeking decree for declaration with consequential relief of permanent injunction and in the alternative decree for possession over the suit land as detailed in the head note of the plaint as per Jamabandi for the year 1988 -89. According to the plaintiffs, they were in possession of the suit land prior to creation of mortgage of the suit land as tenant under the mortgagors whereby they have challenged the revenue entries during settlement over the suit land in which they have been shown in possession as tenant under mortgagees. Plaintiffs have acquired proprietary rights by operation of law.
(3.) DEFENDANTS No. 2, 3 and 6 have filed separate written statements.
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