- (1.) The present appeal has been preferred against the judgment and decree dated 08.05.2015 passed by the learned Additional District Judge(1), Palwal, vide which the appeal preferred against the judgment and decree dated 19.08.2013, passed by the learned Addl. Civil Judge (Sr. Division), Hodal, has been dismissed.
(2.) Defendants-Respondents have filed the suit for declaration to the effect that they are owner in possession of the suit land detailed in para no.1 of the plaint and the order of Assistant Collector- II Grade, Hodal dated 21.03.2006 and Report Rojnamcha no.1126 correcting the entries in Khasra Girdawri are illegal, null and void and not binding on the rights of the plaintiffs-respondents. They also sought a decree for permanent injunction restraining the appellant-defendant from interfering into their peaceful possession over the suit land detailed and described in para no.1 of the plaint situated in the revenue estate of village Hodal Patti Bedha, Tehsil Hodal, District Faridabad.
(3.) As per the case set up by the plaintiffs-respondents, they are owner in possession of the suit land measuring 3K-4M comprised of Khewat No.828, Khatoni No.963, Rect. No. 173, Killa No.22/1 (3-4) situated within the revenue estate of village Hodal Patti Bedha, Tehsil Hodal. The name of one Ramchand son of Kanwar Singh (since deceased) was recorded as Gair Marusi in the column of cultivation wrongly and illegally. He had never been in possession of the suit land. The same is owned and possessed by the plaintiffs. Said Ramchand has died since long and his legal heirs had no concern with the possession of the suit land. Defendant-appellant filed an application for correction of the Khasra Girdawri entries. Assistant Collector-II Grade, Hodal ordered for correction of Khasra Girdawri entries vide impugned order dated 21.03.2006 without impleading the plaintiffs as party to the proceedings and without giving them any notice. Defendant had further got entered a Report Rojnamcha bearing no.1126 dated 21.07.2006 in the record of Halka Patwari. It has been further pleaded that the aforesaid order dated 31.03.2006 and Report Rojnamcha are illegal, null and void and have no effect on the ownership and possessory rights of the plaintiffs.;