JUDGMENT

Mr. Amit Rawal, J. (Oral):- The present regular second appeal is directed against the judgment and decree of the Lower Appellate Court whereby suit of the respondent-plaintiffs has been decreed in toto, though the trial Court had decreed the suit in part.

2. The respondent-plaintiffs simpliciter sought the injunction against the appellant-defendants on the ground that they were the owners of 1/3 share in the land measuring 54 kanals 19 marlas as per the jamabandi for the year 1982-83. It was orally partitioned by way of family settlement amongst the co-sharers and the suit property bearing killa numbers measuring 18 kanals had fallen to their share on which defendants had no concern. The possession of the defendants was incorrect and entry in the jamabandi showing them as tenants was also incorrect.

3. The defendants opposed the suit and claimed themselves to be tenant/gair marusi. The entries in the jamabandi and khasra girdawari were as per the factual aspect.

4. Since the parties were at variance, the trial Court framed the following issues:

“1. Whether the plaintiffs are owners in possession of the property in dispute as alleged? OPP

2. Whether the plaintiffs are entitl