CHET RAM Vs. SAWANU RAM

JUDGEMENT

(1.) In this Letters Patent Appeal the appellants are the plaintiffs while the respondents are the defendants in the main suit.

(2.) The plaintiffs filed a suit on 23-7-1964 in the Court of Senior Sub Judge, Mandi, for permanent prohibitory and mandatory injunction to the effect that the land of khasra Nos. 2649/314 and 2651/1618 (2 plots) measuring 3 bighas and 14 biswas of Jamabandi 1959-1960 in village Mahadev, Tehsil Sunder Nagar is in possession of the parties in equal shares and defendant 1 (Chamaru) be directed to refrain from causing interference in the ownership and possession of the plaintiffs in any manner.

(3.) The plaintiffs alleged that the disputed land was government land which was granted to defendant 1 as nautor. The plaintiffs objected to this grant of nautor. A compromise in writing was effected between the parties on 15-12-1954. According to the compromise/agreement, the parties came in possession of the disputed land in equal shares, each party having 1/9th share. Defendant 1 also agreed to get a mutation sanctioned in plaintiffs' favour. The plaintiffs were also put in possession of the land and they did not doubt the bona fide of defendant 1. The plaintiffs alleged that after 12-7-1964 defendant 1 started interfering with the plaintiffs' possession over the suit land and as such they were compelled to file the suit.