PREM LAL AND ORS. Vs. ANANT RAM AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal against the judgment and decree dated 2.9.1997 of learned District Judge, Bilaspur, whereby the appeal filed by the Appellants against the judgment and decree dated 12.4.1989 of Sub Judge, 1st Class, Ghumarwin, decreeing the suit of Plaintiff -Respondent Anant Ram, has been dismissed, was admitted on the following substantial questions of law:

(2.) FACTS relevant for the disposal of appeal may be noticed. Respondent -Plaintiff Anant Ram field a suit for declaration that he was owner in possession of 10 biswas 8 biswansi land, comprised in old Khasra No. 2, situate in village Sargal, and that the entries made in the revenue record, during consolidation proceedings, showing him in possession of only 8 biswas area, bearing Khasra No. 9, carved out of old Khasra No. 2, were wrong and illegal and in fact the area of his land was 10 biswas, which included 2 biswas area of Khasra No. 8, shown by min No. 8/1, which had been recorded in possession of Defendant No. 3 Prabh Dayal and that he was entitled to remain in possession of 2 biswas area of Khasra No. 8, shown by min No. 8/1.

(3.) IT was pleaded that as per Jamabandi for the year 1958 -59, Plaintiff was in possession of 10 biswas 8 biswansi area while Defendant was in possession of 9 biswas 12 biswansi area and ignoring the biswansi units, both the parties were recorded in possession of 10 biswas area each out of old Khasra No. 2. However, in the consolidation process, Defendant No. 3, in connivance with the consolidation staff, got himself entered in possession of 12 biswas area, while the Plaintiff was shown to be in possession of 8 biswas area and old Khasra No. 2 was broken into two numbers, i.e. Khasra No. 8 and Khasra No. 9. Khasra No. 8, measuring 12 biswas, was shown to be in possession of Defendant No. 3 and Khasra No. 9, measuring 8 biswas, was shown to be in possession of the Plaintiff. On the strength of these revenue entries, Defendant No. 3 threatened to demolish the structure of the Plaintiff on 2 biswas area, shown by Khasra No. 8/1 and to take its possession, forcibly. So, the Plaintiff filed a suit for declaration with further relief of permanent prohibitory injunction restraining Defendant No. 3 from interfering in his possession.