JUDGMENT

P.Sathasivam,J.

1) These appeals are directed against the final judgment and orders dated 18.03.2008 and 08.09.2008 passed by the High Court of Jammu & Kashmir at Jammu in Civil Second Appeal No. 19 of 2005 and Review Petition (C) No. D-5 of 2008 respectively whereby the High Court dismissed the second appeal and the review petition filed by the appellants herein.

2) Brief facts:

(a) Shri Harbans Lal, father of the appellant No.1, purchased the land in dispute measuring 40 kanal 4 marlas bearing Khasra No. 65 in Village Chak Gainda, Tehsil Kathua from one Gurdas by way of a registered sale deed dated 18.03.1959. The

said land falls in Khasra No. 109/65 and the same was recorded in the name of the father of the appellant No.1 and after his father's death the name of appellant No.1 was recorded from Kharif 1987.

(b) The plot of Sudhir Kumar-the respondent herein is on the southern side of the land of the appellants. On 29.04.1991, the respondent herein filed a civil suit being No. 17/Civil/1991 in the Court of sub-Judge, Kathua seeking

declaratory decree to the effect that he is