DEV RAJ Vs. RAMESH CHAND & OTHERS

JUDGEMENT

(1.) It cannot be disputed that parties to the lis/ their predecessor-in-interest, were in joint possession of government land. It is also not in dispute that possession of the said land was taken over by the State in accordance with law. The dispute is with regard to 13 Marlas of land, which is Shamlat land. Plaintiffs (respondents herein)/ their predecessor- in- interest claim to be in joint possession with the defendant. Whereas, on the other hand, on the strength mutation Ex.DB, Ex.D9 and Ex.PF, dated 13th May, 1990, defendant is claiming possession and title , with respect to the entire suit land. Plaintiffs filed a suit for declaration to the effect that such entry of mutation is null and void, having been effected without any notice or afforded opportunity of hearing.

(2.) Based on the pleadings of the parties, trial court framed the following issues:-

(3.) On 27.12.1998, trial court framed the following additional issue:- 6-A. Whether the suit is within limitation as alleged OPD.