Romesh Verma, Judge :

The present appeal arises out of judgment and decree, as passed by learned District Judge, Kangra at Dharamshala, District Kangra, dated 29.11.2022, whereby the appeal preferred by the present respondents/counter claimants was allowed and the decree for possession was granted to the counter claimants with respect to the suit land, and the judgment and decree as passed by learned Senior Civil Judge, Kangra, District Kangra, H.P. dated 23.09.2017, dismissing the counter claim of the defendants/respondents, was set aside.

2. Brief facts of the case are that the present plaintiffs/appellants filed a suit for declaration with consequential relief of permanent and mandatory injunction against the defendants to the effect that the entries in the revenue record pertaining to possession in the name of the defendants are illegal, wrong and unauthorized. By removing the names of the plaintiffs and proforma defendants, the defendants are in possession, however, the plaintiffs are legally and factually entitled to remain in possession and enjoy the usufructs of the suit land bearing Khata No.62 min, Khatauni No.162 min, Khasra Nos.383, 385, 386, plots No.3, measuring 0-31-05