RAJINDER KUMAR Vs. BHAG SINGH

JUDGEMENT

(1.) ALL the four Regular Second Appeals No. 344/88, 353/88, and 361/988 titled above are being passed in RSA No. 344/88 on the sole ground that all these appeals involved common question of law and facts. Actually, the plaintiffs in all these suits were the same persons but the defendant/defendants were separate and parcels of suit land were also distinct. The trial Judge as well as the Appellate Court has passed similar type of common judgment in all these appeals based upon same question of law and facts. The evidence apart from the state of different defendants is also the same in all the suits.

(2.) THE present appellants claim themselves to be the owners of the land as described in the plaint. According to them they were in possession of this land till December, 1982 and thereafter the defendant-respondents who were residing near the suit land, in the absence of the plaintiffs encroached upon the same. It has been the case of the plaintiffs that during the settlement operation, the defendant/defendants in connivance with the settlement staff, wrongly got themselves entered in the possession of suit land and took over the possession of the suit land in the month of January, 1983 without consent and in the absence of the plaintiffs. According to the plaintiffs, in the winter season, they resided in village Kupri and generally remained absent. It was pleaded by the plaintiffs that the defendants assured to deliver the vacant possession in case after demarcation of the suit land, the land was found belonging to them. It was also averred that the demarcation was made in the month of July, 1984 and the suit land was found belonging to the plaintiffs but the defendants refused to deliver the possession back inspite of requests, hence the suit for possession was filed.

(3.) PARTIES were put to trial, on the following issues by the trial court, in all the suits: