M.M.Kumar, J.

1. This appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for brevity the Code) by the defendant-appellant Gram Panchayat challenges the judgment and decree passed by both the Courts below. The Civil Judge, Karnal has decreed the suit ex parte vide his judgment and decree dated 30.11.1983 which on appeal of the defendant-appellant has been maintained by the learned Additional District Judge vide his judgment and decree dated 31.10.1984.

2. Brief facts of the case necessary for disposal of the appeal are that the plaintiff-respondents filed Civil Suit No. 78 of 1983 on 5.2.1983 for a declaration to the effect that they were owner in possession of the suit land since the time of their fore-father. It was claimed that they were gair marusi tenant and were in the cultivating possession of the suit land for over 35 years. The plaintiff-respondents asserted that they did not pay any rent to the defendant-appellants and that they were co-sharer in the village common land claiming that there was no interference from any one of the co-sharer or the defendant-appellant Gram Panchayat. The plaintiff-respondents had asserted that the defendant-appellant