- (1.) This appeal is directed against the judgment dated September 3, 1966, rendered by the learned Additional District Judge, Karnal, in exercise of his appellate jurisdiction.
(2.) The dispute relates to 36 kanals of land situate in village Mawana, Tehsil Kaithal. The appellants brought a suit with the allegation that they have been in continuous possession of the land in dispute for the last more than 20 year without paying any rent and that they had become its owners by adverse possession. Since the respondents who were recorded as owners of the land in the revenue record forcibly dispossessed them, they filed a suit for permanent of land. The pleas raised in the plaint were controverted and the following issues were framed by the trial Court :- "1. Whether the plaintiffs have become owners of the land in suit by adverse possession ? 2. Whether the suit is not maintainable in its present form ? 3. If issue No. 2 is not proved, whether the plaintiffs are not entitled to the injunction prayed for ? 4. Relief."
(3.) On issue No. 1, the learned trial Court held that since the appellants were shown to be in possession of land in the revenue record and there was an entry Basharah Malkan Bila Malkana, this evidence when taken into consideration along with the statement made by Lehna appellant proved that they held the land adversely to the real owners. Issue No. 2 was decided in favour of the appellants and on this basis, the suit filed by them was decreed.;