Raj Mohan Singh, J.

1. Defendants are in second appeal against the judgment and decree dated 16.1.1988 passed by Learned Additional District Judge, whereby the judgment and decree dated 5.8.1986 passed by learned Sub Judge, Faridabad, dismissing the suit, has been set aside and the suit has been decreed in appeal. Brief facts of the case are that the plaintiffs filed suit for declaration and joint possession to the effect that they are owner in possession of the suit land according to the shares as mentioned in para No. 1 of the plaint. Plaintiffs submitted that according to jamabandi for the year 1939-40, Suleman Khan, Sultan Khan and Mehmood, predecessor-in-interest of the plaintiffs, were owners in possession of 1/3rd share in the land and defendants were owners of 2/3 rd share of the said land, which at the relevant time bore khewat No. 80 Khatauni No. 190-193 and Khasra No. 61, 62, 271, 65 and 168. Consolidation took place in the village in the year 1950-51 and Panchayat deh came to be recorded as owner of the suit land in the revenue record.

2. On 26.2.1969, defendants filed suit against the gram sabha claiming that they are co-sharers in possession since 1939-40 and the area u

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