[Civil Appeal No. 9722 of 2014 arising out of SLP (C) No.13844 of 2013]. The Appellants essay to restore the concurrent views of the Additional Civil Judge (Senior Division) Rewari, in Civil Suit No.308 of 1997 in terms of the Judgment and Decree dated 27.8.2002, as also the Judgment and Decree dated 11.12.2008 passed by the Additional District Judge, Rewari, in Civil Appeal No.50 of 2002. Their views, however, did not find favour with the High Court in the impugned Judgment dated 7.9.2012 passed in Regular Second Appeal No.1346 of 2009. The parties are shareholders of Shamilat Patti Sayar of land comprised in Khewat No.300 Khatoni No.551, Khasra No.622(O-1O), Gair Mumkin Gatwar, situated in village Dahina, as per the jamabandi of the year 1970 - 71. The Plaintiffs/Appellants filed a suit for declaration, and possession of the suit land against the Defendants/Respondents. The Plaint does not contain a categorical stand as to whether the Defendants/Respondents are co- sharers along with the Plaintiffs/Appellants in respect of the suit land. It has been pleaded that the Defendants have no concern whatsoever with the suit land which has not been validly partitioned among the co-sharers. The Written Statement is also devoid of clarity inasmuch as it is pleaded that the Plaintiffs are not in possession of the suit land and have no right to file the suit; but that constructions have been carried out by the Defendants in the presence of the Plaintiffs, as well as other persons mentioned in Schedule A of the Plaint, which contains the names of the co- sharers of the suit land.
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