JAGATRAM Vs. SUBASO

JUDGEMENT

(1.) This miscellaneous appeal has been preferred by the Plaintiffs, except Budhani (Plaintiff No.2), under Order 43 Rule(1)(u) of Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC'), questioning the legality and propriety of the judgment dated 31.10.2018 passed in Civil Appeal No.2-A/2013, whereby the learned appellate Court, while reversing the judgment and decree dated 29.04.1985 passed in Civil Suit No.114- A/1984 by the trial Court, has remanded the matter for its fresh trial. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

(2.) Briefly stated the facts of the case are that a suit for declaration of title and possession was instituted by the Plaintiffs claiming their exclusive ownership with regard to the plaint schedule property ad-measuring 4.427 hectares of land situated at village Nayanpur, Tehsil and District Surajpur. According to the Plaintiffs, it was owned by their predecessor-in-interest, namely, Akbar and upon his sad demise, it was acquired by them by way of inheritance. It is pleaded further that the Defendants, while showing themselves to be the sons of said Akbar, succeeded to get the revenue records mutated and obtained its possession illegally. The Plaintiffs have, therefore, been constrained to institute the suit in the instant nature.

(3.) The aforesaid suit was registered as Civil Suit No.114-A/1984 and was decreed ex parte on 29.04.1985 and by the impugned judgment, it was reversed and the matter was remanded for its fresh trial, which has been questioned by way of this appeal.