Rakesh Kumar Jain, J. - (1.) THE defendants are in Second Appeal against judgment and decree of both the courts below whereby the suit of the plaintiff for possession has been decreed.
(2.) THE plaintiff has filed the suit for possession alleging that an agricultural land measuring 17 kanals 18 marlas comprised in Khewat No. 202 min Khatoni No. 374, Khasra No. 106//20/1(1 -0), 118//6(6 -18), 140//25/l(2 -0) and 142//5(8 -0) situated in village Badesra, Tehsil and District Bhiwani was allotted to him by the State of Haryana against the sale consideration of Rs. 9,508/ -. It is alleged that he has deposited the whole price of the land in question and a certificate of allotment has been issued in his favour by the allotment authority. On the strength of the letter of allotment, Mutation No. 2705 has already been sanctioned by the Sub Divisional Officer (Civil) Bhiwani exercising the powers of the prescribed authority on 10.4.1995. On notice, defendants appeared and contested the suit. It is alleged by the defendants that suit land is the Harijan Colony and they are in possession since long as owners by virtue of purchase of the suit land from one big land owner named Ganeshi S/o Udey Ram. It was further alleged that defendants have got installed electricity metre. The Gram Panchayat has already constructed pucca street with Govt. expenses. The plaintiff is not the owner of the suit land as such entries in the revenue record are of no importance.
(3.) PLAINTIFF filed replication, denying the averments made in the written statement and reiterated the stand taken in the plaint. Both the parties led their respective oral as well as documentary evidence. The plaintiff produced on record allotment letter Ex.P -1 on the basis of which he became the owner in possession of the suit property. In this regard plaintiff relied upon Exs.P -2, P -3 and P -4. As per these documents the suit property has been allotted by the State of Haryana to the plaintiff which is also proved by Jamabandi for the year 1990 -91 (Ex.P -5). As against this the defendants relied upon documentary evidence Ex.DW4/B mark A, C & E which are unregistered copies of the Bahi entries from the record of Ganeshi s/o Udey Ram, according to which the defendants claimed that they have purchased the immovable property of the value more than Rs. 100/ - and become the owner of the land in question.;