RAKESH KUMAR GARG, J. - (1.) THE application is allowed subject to all just exceptions. Order dated 9.1.2014, dismissing this appeal for non -prosecution, is recalled and the appeal is restored to its original number.
(2.) AT the request of counsel for the appellants, the instant appeal is taken on Board. This judgment shall dispose of RSA Nos.2357 and 2364 of 2013, as the same have arisen out of two civil suits i.e. CS No.382 -C of 1997 and CS No.381 -C of 1997 respectively, between the ame parties, on similar facts and law. However, the facts are being taken from RSA No.2364 of 2013.
(3.) THE plaintiff -respondents filed the instant suit for possession of land measuring 45 kanals 18 marlas comprised in Khasra No.97//10(5 -16), 11(7 -12), 12(8 -0), 16/3(4 -11), 17 Min (5 - 4), 25/2 Min (2 -13), 98//6 (4 -2), 15(8 -0) situated at Village Karnoli, Tehsil and District Fatehabad stating that they legal representatives of Patiala Singh son of Umda Singh son of Lakshman Singh. Umda Singh had two other sons namely Bhor Singh and Ganga Singh. The plaintiffs were owners of the land in dispute and were residing in Village Amarpura Khurd, Tehsil Buwana, District Jhunjhunu (Rajasthan). They used to visit Village Karnoli for taking care of their land. The land in dispute was given for cultivation to others on Theka Batai and last time, predecessors of the plaintiffs had given the land in dispute on Theka to Atma Ram son of Khyali Ram of Village Karnoli, but the defendants in connivance with the revenue officials and Atma Ram, got their names incorporated in the revenue records in the cultivation column and came in possession of the land in dispute. Bhoor Singh, Ganga Singh and Panna Singh had already expired. To get the land in dispute mutated in their names and to recover the payment of Theka, plaintiff no.2 visited Village Karnoli and thus, came to know that the defendants had unauthorizedly possessed the land in dispute. Despite repeated requests, the defendants refused to vacate the land in dispute. Hence, necessity arose to file the instant suit.;