GHINSA Vs. SAMPAT

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the plaintiffs appellants for possession of land from which they alleged they had been dispossessed by the defendants respondents. The suit was filed in the court of the S. D. O. Kishangarh who decreed the suit in favour of the plaintiffs. Two issues framed by the S. D. O. , were (1) Whether the defendant forcibly took possession of the land in dispute which was prepared for sowing by the plaintiffs (burden on plaintiffs); (2) Whether the plaintiffs restored the land in dispute to the defendants in accordance with the contract after the Rabi harvest of Smt. 2006 (burden on defendants ).

(2.) THE S. D. O. decided both these issues together and as the defendants had failed to prove that the plaintiffs had voluntarily surrendered the land he decreed the suit.