MOHAN LAL & ORS. Vs. BALAK RAM

JUDGEMENT

(1.) The Appellants-defendants have filed this Civil Second Appeal questioning the concurrent findings of fact recorded by the Trial Court of Sub-Judge (CJM), Samba and the First Appellate Court of Principal District Judge, Samba.

(2.) In terms of the Decrees and Judgments of the two Courts, the respondent-plaintiff was found in possession of four (4) kanals and fourteen (14) marls of land comprised in Khasra No. 186 situated at Village Rarian Tehsil Samba on the basis of the Family Settlement reached at in the year 2002. In recording the findings, the Courts below, inter alia, relied on the statement of appellant- Kali Dass who had admitted in his statement while under crossexamination that he and other co-sharers had got share of the property out of the land comprised in Khasra Nos. 94, 95, 96, 186, 300, 410, 402, 403 and 404. According to him, he had got two (2) kanals and seven (7) marlas of land out of Khasra No. 186 also.

(3.) Relying on the reports of the Revenue Officers and other material on Records and appreciating the evidence of the parties, the two Courts found the respondent in possession of the land which had fallen to his share in the Family Settlement.