HEMANT GUPTA, J. - (1.) THE defendants are in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby suit for possession of land measuring 8 kanals 18 marlas of land i.e. 1/4th share of the land measuring 35 kanal 13 marlas, was decreed to the extent of 1/10th share of 33 kanals 5 marlas of land on deposit of Rs. 575/-.
(2.) THE brief facts out of which the present appeal arises are that the land measuring 15 kanals 18 marlas situated in area of village Bihran, Police Station Garhshankar, was originally owned by Fateh Singh, Gurdas and Jagiri son of Sunder. The plaintiff is son of Gurdas. Fateh Singh had 1/2 share and Gurdas and Jagiri 1/4th share each in the aforesaid land. The aforesaid Fateh Singh, Gurdas and Jagiri sold the land aforesaid to one Mangal Singh father of the defendants vide registered sale-deed somewhere in the year 1924. The said sale become subject-matter of reversionary suit, which was decreed on 28.1.1924 in which it was held that the reversionary rights of the plaintiffs shall not be affected by such sale and on payment of Rs. 2000/- the reversioners shall be entitled to the possession of the suit land. The said decree was modified in appeal by the learned first Appellate Court when the amount of Rs. 2,000/- was enhanced to Rs. 2,300/-. After the death of Fateh Singh, his reversioners got decree for possession of 1/2 share. The remaining 1/2 share remained in the possession of Mangal Singh. Gurdas one of the vendors died on 20.2.1974. After his death, the present suit for possession was filed on 16.9.1975 in respect of the share of Gurdas and Jagiri. It is the case of the plaintiffs that the consolidation of holdings in their village took place about 23/24 years back and during such proceedings, the land measuring 35 kanals 13 marlas as detailed in the head note of the plaint, was allotted to defendant Nos. 1 and 2 in lieu of their previous holdings including 1/2 share of the aforesaid 15 kanals 18 marlas of the land. The plaintiffs claimed possession of 8 kanals 18 marlas i.e. 1/2 share of 15 kanals and 18 marlas of land originally owned by three vendors.
(3.) THE defendant-appellants in the corresponding para of the written statement did not dispute the factum of consolidation of holding of land but asserted that defendant Nos. 1 and 2 have been allotted land during consolidation proceedings in lieu of land of which defendant Nos. 1 and 2 were the absolute and sole owners. It was further pleaded that defendant Nos. 1 and 2 were in continuous and open possession of the land in possession since consolidation, as absolute owners.;