JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure is preferred by the appellant/defendant against the concurrent findings of fact recorded by the learned Courts below whereby the suit of the plaintiffs/respondents for declaration and injunction came to be allowed.

2. The brief facts of the case are that the respondent-Gram Panchayat through respondents No. 2 and 3 filed a suit for declaration to the effect that it was owner in possession of the land measuring 0-00-63 sq.mtrs. comprised in Khewat No. 91, Khatauni No. 240, Khasra No. 861/1, 862, 863 and 864 as entered in Nakal Misal Hakiat Bandobast Jadid Saini for the year 1989-90 situated in Village Hathlon, Tehsil Bangana, District Una, Himachal Pradesh and the entry in the revenue records in favour of the appellant and proforma respondents herein was against law and ineffective qua the right, title and interest of the plaintiff. It was further averred that the Well was situated over the suit land which was in a dilapidated condition and when the respondent tried to repair the same, the appellant started to interfere, compelling the plaintiffs to institute the instant s