SARWAN Vs. SAVITRI DEVI

JUDGEMENT

(1.) The plaintiffs/respondents herein (for short the plaintiffs), suit for, rendition of a declaratory decree, as well as, a decree for possession, vis-a-vis, the suit khasra Number 1132/277, rather stood dismissed by the learned trial Court, however, on, an appeal cast therefrom, by the aggrieved plaintiffs before the learned first appellate Court, the latter reversed the findings recorded by the learned trial Court, and, obviously decreed, the plaintiffs' hence the afore espoused relief.

(2.) The aggrieved therefrom, the defendants, hence rear the instant RSA, wherefrom, they strive to beget reversal, of, the impugned verdict.

(3.) The brief facts of the case are that the plaintiffs alongwith proforma defendants No. 9 to 18 were owners in possession of the suit land of Khasra No. 1132/277 measuring 10 marlas situated in village Bailag (for short "suit land"). However defendant No.1 and late Sh. Santa predecessor-in-interest of defendants No. 2 to 8 in collusion with the revenue staff got attested mutations of exchange with regard to the suit land in absence of the plaintiffs and proforma defendants and without any notice to them whereas plaintiffs and proforma defendants have never agreed to exchange the land with defendant No.1 and Sh. Santa. The whole process of attestation of mutation was collusive, fraudulent and illegal. Wrong mutation came to their notice in January 1996 when defendants No. 3 and 4 started raising forcible construction on the suit land. Subsequently the suit land during consolidation was merged with the land of khasra No. 244 and 245 of the defendants over a portion of the suit land, the defendants raised forcible construction after dispossessing the plaintiff in February 1996. Wrong mutations of the suit land in favour of the defendants would not affect their right title and interest.