Ms. Ritu Bahri, J:-This appeal has been filed against the judgment dated 22.11.1994 passed by the Additional District Judge, Faridabad, dismissing an appeal filed by defendant-appellant (hereinafter referred to as ‘the defendant’) against the judgment and decree dated 15.06.1993 passed by the Sub Judge Ist Class, Faridabad, whereby suit filed by plaintiff-respondents for declaration, has been decreed.

2. Ram Chand etc.-plaintiffs (respondents herein) (hereinafter referred to as ‘the plaintiffs) filed a suit for declaration to the effect that land measuring 104 Kanals 9 Marlas, situated within the revenue estate of village Lakkarpur, Tehsil Ballabgarh, District Faridabad, was owned and Possessed by them as co-sharers in the shamlat deh of village and defendant be restrained from claiming any right or possession thereon. Case set up by the plaintiffs was that after enactment of the Punjab Village Common Land (Regulation) Act, 1961, the land referred to above was erroneously shown to have vested in Gram Panchayat, Lakkarpur. Thereafter, mutation entered by the revenue authorities was attested in favour of the Gram Panchayat. In fact, the land in question was never used for comm