Mr. Nawab Singh, J. (Oral) - This second appeal has been filed by State of Punjab and others against the judgment and decree dated April 1st, 2010 passed by District Judge, Ferozepur affirming the judgment and decree of Additional Civil Judge (Senior Division), Ferozepur dated December 24th, 2009 whereby suit for possession of land mentioned in the head note of the plaint was decreed.

2. The parties will be referred to in this judgment as they were described in the plaint.

3. The plaintiff filed suit for possession of the suit land pleading that the land was owned by his grand father Sh. Davinder Singh, who transferred the same in favour of Zora Singh, who was Pagwat brother (foster brother) of Sh. Davinder Singh. Zora Singh executed a Will in his favour on August 30th, 1980. Zora Singh died on February 13th, 1995. After his death, mutation was sanctioned in his favour by Assistant Collector IInd Grade, Moga vide order dated October 23rd, 1997. It has been pleaded that in the first week of April, 1998, the defendants with the help of Police, forcibly took over possession of the suit land. Hence, the suit.

4. The defendants filed written-statement averring that Zora Singh s