MUNNU AND ORS. Vs. KAUMDI DHAR AND ORS.

JUDGEMENT

(1.) DEFENDANT Munnu (since dead) was in second appeal before this Court. He died during the pendency of the appeal and has been substituted by his legal representatives, appellants herein.

(2.) THE complaint is that learned lower appellate vide judgment and decree dated 25th February, 2002, passed in Civil Appeal No. 47 -S/13 of 2001, under challenge in the present appeal, has erroneously and without any cogent reasons reversed the judgment and decree passed by learned trial Court in Civil Suit No. 365/1 of 1992.

(3.) THE bone of contention in the present lis is the land entered in Khata No. 21, Khatauni No. 35, Khasra Nos. 49, 61, 114, 121, 122 min, 256, 133, 144, 145, 148, 330/155, 157 min, 332/22 and 260, Kita 14, measuring 27 -15 Bighas, situate in Mauja Shangri, Tehsil and District Solan. In view of the entries in the Jamabandi for the year 1988 -89, the respondents herein referred to as 'the plaintiffs' have claimed themselves to be owners -in -possession of the suit land. The same has been inherited by them from late Shri Ram Kishan. Till 1979 -80, the suit land came to be reflected in the Jamabandis in their ownership and possession, however, it is thereafter in the Jamabandi for the year 1984 -85 the name of the defendant -appellant came to be reflected under Column No. 2. He allegedly, a clever person, has managed such entries in connivance with the revenue staff and is now trying to interfere in their ownership and possession over the suit land. The change in the revenue entries showing the defendant in possession of the suit land has been claimed to be illegal and as such no presumption is attached to such entries in the Jamabandis for the year 1984 -85 and 1988 -89, hence the suit with the following prayers: