SH. KRISHAN KUMAR AGARWAL Vs. SARDAR HARDAYAL SINGH

JUDGEMENT

(1.) HEARD Mr. Anuj Garg, Advocate for the petitioner and Mr. Arvind Vashisth, Advocate for the respondent.

(2.) THERE is a history of protracted litigation between the plaintiff and the defendant, running for the last thirty years, as the Original Suit was filed way back in the year 1981, by the plaintiff/petitioner.

(3.) EARLIER the suit of the plaintiff/ petitioner for permanent injunction, being Original Suit No. 67 of 1981 was dismissed by the Trial Court vide order dated 7.12.20001 on the ground that the plaintiff had no title over the property. The plaintiff thereafter had filed Civil Appeal before the Appellate Court bearing Civil Appeal No. 249 of 2001. It was during the pendency of the Civil Appeal that the name of the plaintiff/petitioner was recorded as a Bhumidhar in the revenue records and on the basis of this new fact, the contention of the plaintiff/petitioner is that the issue Nos. 1 and 6, which went against the petitioner were liable to be adjudicated afresh. Logically, the Counsel for the plaintiff/petitioner contends that what was liable to be remanded were issue Nos. 1 and 6 to the trial Court for fresh adjudication. Issue Nos. 1 and 6 as framed by the trial Court and adjudicated upon consequently are quoted as under: