Deepak Gupta, J. 1. This Regular Second Appeal is directed against the judgement and decree dated 3rd May, 1999 delivered by the learned District Judge, Bilaspur in Civil Appeal No. 25 of 1993 whereby he dismissed the appeal of defendants No. 1 and 2 and upheld the judgement and decree of the learned trial Court decreeing the suit of the plaintiff.

2. Briefly stated the facts of the case are that the plaintiff filed a suit claiming to be owner in possession of land measuring 2-5 bighas comprised in Khewat No. 34 min, Khatauni No. 53, Khasra No. 61 situated in village Ghumarwin. According to them the entries in the revenue record showing the defendants to be in possession as non- occupancy tenant are wrong, null and void. It was further pleaded that the suit land is a grass land and therefore, the entries showing defendants No. 1 and 2 to be in possession as non-occupancy tenant is against law since no person can be a tenant of grass land. It was alleged that the defendants have never been inducted as tenants over the suit land.

3. Defendants 1 and 2 contested the suit on various grounds but on facts it was stated that defendant No.3 Tulsi Ram alongwith Bohtu Devi was owner