had preferred an appeal before the RDO in appeal petition no.1004/98 and as the same is pending, according to them, the plaintiffs cannot be allowed to obtain the relief sought for. As such, it is found that challenging the grant of patta issued in favour of the plaintiffs by way of Exs.A1 to A4, the defendants have preferred an appeal petition. Admittedly, even according to the defendants, the appeal petition is still pending and we do not know what would be the outcome of the said petition. As on date, the defendants had not been grantd patta in respect of the suit properties and on the other hand, it is seen that only the plaintiffs had been granted patta in respect of the suit properties marked as Exs.A1 to A4. Until Exs.A1 to A4 are legally set-aside, as rightly determined by the first appellate Court, the same would be in force and binding on all the parties concerned. Thus, prima facie, it has been established by the plaintiffs that they are in possession and enjoyment of the suit properties and accordingly, recognising their possession and enjoyment, it is found that the pattas marked as Exs.A1 to A4, have come to be issued in their favour. Therefore, the plaintiffs have shown a better title than the defendants in respect of the suit properties and further, the plaintiffs have established prima facie that they are in possession and enjoyment of the suit properties. Whereas, as rightly found by the Courts below, the defendants have miserably failed to establish that they are in possession an enjoyment of the suit properties.
