J.L.Gupta, J.

1. The suit filed by the plaintiff-respondents for a declaration that they are owners in possession of the land measuring 13 Kanals 17 Marias was decreed by the learned trial Court. The appeal filed by defendant No. 1 having been dismissed by the learned appellate Court, he has come to this Court through the present second appeal.

2. In view of the fairly long history of litigation, a few facts deserve to be noticed. Dev Raj was the original owner of the land in dispute. On August 22, 1955, he sold this land to Hukam Chand. Moti Ram, the father of the plaintiff-respondents, filed a suit for possession by pre-emption. On April 16, 1957, the suit was decreed. A copy of the decree sheet is Exhibit P-21. In execution of this decree, the possession of the suit land was delivered to Moti Ram vide report, a copy of which is on record as Exhibit P-1. In spite of that, appellant Kaura Ram got an entry made in the revenue record that he was the owner of the land in dispute and was in cultivating possession thereof. Having come to know of this entry, Moti Ram filed an application on November 3, 1959, for correction of the Khasra Girdawari. Vide order dated March 20, 1961