KASHMIR SINGH Vs. BADERDIN DECEASED THROUGH HIS L.RS. KAMAL DIN AND ORS.

JUDGEMENT

(1.) Badardin deceased Respondent preferred a suit against the present Appellant and proforma Respondents for declaration to the effect that the suit land, as described in the plaint, was owned and possessed by him as HISSEDAR and that the Defendants had no right, title or interest - in the said land. The Plaintiff, as a consequential relief, asked for permanent injunction restraining the Defendants from interfering in the Plaintiff's possession over the suit land. In the alternative a decree for possession of the suit land was asked for.

(2.) According to the Plaintiff, he has been in exclusive possession of the suit land as owner in HISSEDARI possession and the Defendants were alleged to have procured some wrong entries in the records of rights qua the suit land in their favour behind the back of the Plaintiff and on the basis there of they were threatening to interfere in Plaintiff's possession over the suit land. The Defendants right or interest in the suit land was denied.

(3.) The Defendants contested the suit and pleaded that the entries in the records of rights showed them to be owners in cultivating possession of the suit property which entries were legal, valid and binding. The Defendants took a specific plea that the Central Government had declared the suit property as evacuee property as described in SANAD TAQSIM ARAZI and thereafter the land was allotted, through allotment number K.G. 4/10 dated 28th July,1955 in favour of Khazana, predecessor -in -interest of the Defendants, who died on 19th April, 1959 leaving them behind as his successors.