JAGIR SINGH Vs. DARA SINGH

JUDGEMENT

(1.) This is a plaintiffs' Second Appeal, arising out of the concurrent judgments rendered by the Court of Civil Judge (J.D.), Kashipur, District Udham Singh Nagar, in Suit No. 183 of 2009, Jagir Singh and others Vs. Dara Singh and others. The Suit, in question, as preferred by the plaintiffs/appellants on 2/9/2009, the plaintiffs have sought a degree of the following nature:-

(2.) In fact, if the modulation of the reliefs sought by way of a decree of declaration of title, over the disputed land, before the Court below is taken into consideration, that was exclusively for a decree of declaration of the plaintiffs, as to be the exclusive owner of the disputed property and the declaration was also sought in that regard.

(3.) The Suit was contested by the defendants by filing their written statement being paper No. 25-Ka, and after the contest being put in, the learned Trial Court on the basis of the pleadings exchanged after the replication paper No. 26 Kha, between the parties, has framed the following issues: