SALIG RAM Vs. RAKESH KUMAR

JUDGEMENT

(1.) THE instant appeal is directed against the judgment and decree, rendered on 5.9.2002, in Civil Appeal No. 37 -N/13 of 2002, by the learned Additional District Judge, Sirmaur District at Nahan, H.P., whereby, the learned First Appellate Court dismissed the appeal, preferred by the defendant/appellant.

(2.) BRIEF facts of the case are that the plaintiffs/respondents instituted a suit for declaration on the allegations that the land, comprised in Khewat No. 11, Khatauni No. 21 min, measuring 11 bighas 19 biswas, which is part of khasra No. 447/7 and the land, comprised in khewat No. 4, khatauni No. 5 min, khasra Nos. 1, 3 and 22, measuring 6 bighas 4 biswas, situated in village Ajga, Tehsil Pachhad, District Sirmaur, H.P., was owned and possessed by them, except plaintiff No. 5, Datta. It is averred that against them, except plaintiff No. 3, Tara Devi, the defendant, on, November, 30, 1996, procured in his favour an ex -parte order, declaring him in possession of part of this land comprised in Khasra No. 447/1, measuring 11 bigha 19 biswa and khasra Nos. 1, 3 and 22, measuring 6 bigha, 4 biswa (hereinafter referred to as 'the suit land'), even though he was not in possession of the same. On the basis of these orders, the defendant got his name incorporated in the column of possession of the relevant revenue records vide mutation Nos. 161 and 162. The plaintiffs averred that they preferred an appeal before the Sub Divisional Collector, Rajgarh, but the same was dismissed. Hence, the present suit was filed by the plaintiffs for a decree of declaration that they were owners and in possession of the suit land and the revenue entries of possession, incorporated in favour of the defendant in the revenue records, in respect of the suit land, were illegal, without jurisdiction and not binding on them, except plaintiff No. 3. In the alternative, prayer was made for a decree of possession of the suit land in case the defendant was proved in possession.

(3.) THE plaintiffs/respondents filed replication to the written statement of the defendant/appellant, wherein, they denied the contents of the written statement and re -affirmed and re -asserted the averments, made in the plaint.