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1996 Supreme(P&H) 1193

R.L.ANAND
Ram Dhari – Appellant
Versus
State Of Haryana – Respondent


Judgment

R.L.Anand, J.

1. Unsuccessful plaintiffs Ram Dhari and others have filed the present R.S.A. and it has been directed against the judgment and decree dated 18.9.1992 passed by the Additional District Judge, Jind, who accepted the appeal and set aside the judgment and decree dated 28.9.1991 passed by the Court of Sub Judge 1st Class, Narwana and dismissed the suit of the plaintiffs-appellants for declaration and injunction as prayed for.

2. Brief facts of the case are that the plaintiffs-appellants Ram Dhari and others filed a suit for declaration and for permanent injunction, alleging that they had been cultivating the suit land for the last more than 40 years without payment of Batai and Chakota, which land was previously owned by Nathu, Neki and Panna sons of Sheo Ram, resident of village Ghaso Kalan. It was pleaded that the whereabouts of these brothers have not been known for the last 40 years and as such they are dead in the eyes of law. The plaintiffs have become the owners and in possession of the suit land by way of adverse possession, it was also alleged that Nathu, Panna and Neki are being shown in the revenue record as owners and this entry is illegal, null and vo


































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