JUDGMENT :

S.M. Sikri, J.

This appeal by special leave is directed against the judgment of the High Court of Punjab at Chandigarh (Grover, J.) dismissing the appeal of the appellants, Durga and others hereinafter referred to as the defendants. The only point involved in this appeal is whether the High Court was right in holding that in view of the facts and circumstances of the case the presumption under Section 44 of the Punjab Land Revenue Act, 1887 had been rebutted.

2. The facts in brief are as follows. Milkhi Ram and others, plaintiffs, respondents before us, filed a suit for possession of 52 kanals of land situate in village Ratewal on the ground that this land had been wrongly allotted to defendants 1 and 2 during consolidation proceedings on account of shamilat land in respect of land beating Khasra Nos. 2786 and 2806. The claim of the plaintiffs was that they alongwith defendant No. 3 had ?rd share in the shamilat land in dispute pertaining to these khasra numbers. The trial Court dismissed the suit mainly on the ground that the suit was barred by time. The Senior Sub-Judge, on appeal, allowed the appeal and granted the plaintiffs decree for joint possession of 219 kanals 14