RAMJATAN SINGH Vs. TAPESAR ROUT

JUDGEMENT

(1.) This appeal by the defendants first party arises out of a suit for declaration of title to and confirmation or, in the alternative, recovery of possession in respect of plot No. 2743 appertaining to Khata No. 165 with an area or 1 bigha 7 kathas 9 dhurs in village Dhorlahi Kaithal.

(2.) Shortly stated, the plaintiffs' case is that the land in suit was the kasht land of Dharichhan Singh (defendant 5) and the plaintiffs acquired it from him under two sale deeds dated 5-11-1947. After their purchase, the plaintiffs came into possession of the land. The defendants first party began to interfere with their possession and a proceeding under Section 144, Criminal P. C. was drawn up. That proceeding was dropped, and, later, a proceeding under Section 107 of the same Code was drawn up. In that proceeding, the defendants first party falsely claimed to be in possession of the disputed land as Shikmidars from 1332 Fasli. The proceeding under Section 107 was dropped on 2-4-1949.

(3.) The case of the defendants first party is that the disputed land has been in their possession as Shikmidars from Baisakh 1332 Fasli on settlement by defendant 5. Hence the plaintiffs are not entitled to recover khas posssession of the land in suit.