JUDGMENT

Arun Kumar, J.-Civil Appeal No. 3632 of 1996: In this appeal, the appellant claims possession of a piece of land comprising 5 biswas, that is, 250 square yards. The claim is based on alleged occupation as a trespasser of 10 biswas of agricultural land in village Sanoth within the revenue estate of Delhi. Briefly the facts are that consolidation scheme in village Sanoth was prepared and confirmed in the year 1975-76 under Sections 19 and 20 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948 (hereinafter referred to as the Act ). The respondents admittedly owned and possessed lands in the said village. The appellant claimed that his predecessor had trespassed on a portion of the land belonging to the respondents and had been carrying on cultivation activity thereon. In the scheme, no encumbrance as alleged by the appellant was mentioned. The appellant, however, relied on a list dated 3rd July, 1982 for substantiating his claim. The Scheme of consolidation and re-partition had been completed by the year 1982. The record of consolidation and re-partition had been consigned in the year 1982 after finalization of consolidation proceedings. The