KURE Vs. DALIP SINGH

JUDGEMENT

(1.) THIS regular second appeal impugns the concurrent judgments of the courts below; of the trial court dated 18.3.1974; and the appellate court dated 29.10.1992; by which the suit of the respondents -plaintiffs for declaration, injunction and possession was partially decreed by allowing the prayer only of declaration. Paras 17 and 18 of the judgment of the trial court read as under: -

(2.) AS stated above, the first appeal filed by the appellant herein, and who was the defendant in the trial court, was dismissed by the impugned judgment dated 29.10.1992.

(3.) BESIDES Section 44, it will be necessary to refer to two other Sections namely Sections 23 and 26 for deciding the question of law framed and these Sections read as under: -