Sultan Ahmad deceased, now represented by the respondents, filed a suit claiming a declaration that Khasra No,3255/1 measuring 7 Kanals, 18 Marlas was "Ghair Mumkin Chapper" was under the use of the residents of the village and the entries of Jamabandi showing Khasra No,9935/3274 and 9936/3274 measuring 3 Kanals as "Shamlat Deh" were factually wrong and that the aforesaid area of 3 Kanals was also Ghair Mumkin Chapper'.
2. The suit was tried and vide judgment dated 23-11-1995 it was decreed in terms that the land measuring 7 Kanals, 18 Marlas is reserved for the common use of the 'Bashindgan Deh' and should be used as such commonly and the entries made in the Revenue Record are liable to correction. It was further directed that the petitioner should vacate the suit land within 90 days after removing the superstructure raised on the suit-land.
3. The judgment and decree, dated 23-11-1995 was assailed by the petitioner in an appeal. On 6-11- 2000, the petitioner and his learned counsel made a statement before the learned First Appellate Court that the petitioner had nothing to do with Khasra No,3255/1 measuring 7 Kanals, 18 Marlas and that he was not in possession thereof nor he had any intention to occupy Khasra No,3255/1. On the basis of the aforesaid statement, the appeal was dismissed.
4. The learned counsel contends that the petitioner had conceded to the claim of the respondent to the extent of the land of the `Chapper but his entire appeal was dismissed without examining his grievance against that part of the judgment and decree of the learned trial Court which directed the petitioner to vacate the land and remove the construction.
5. The submission made by the learned counsel for the petitioner has been considered. The decree granted to the respondent is confined to land measuring 7 Kanals, 18 Marlas under the `Chapper'. It may be noted that according to Exh.P.3, Jamabandi for the year 1976-77 and D.1 Jamabandi for the year 1988-89, 'Chapper' has been recorded in Khasra No,3255/1 on an area measuring 7 Kanals, 18 Marlas. The petitioner had given up all his claims in respect of the land under the `Chapper'.
6. No ground is made out for interference. This revision petition is, therefore, dismissed.