NARAYAN SINGH Vs. MADAN SINGH

JUDGEMENT

(1.) Present second appeal is being preferred against the judgment and decree dtd. 26/9/2016 passed by the District Judge, Nainital in Civil Appeal No.36 of 2015, "Narayan Singh Vs. Madan Singh", whereby the judgment and decree dtd. 11/8/2015 passed by Civil Judge (S.D.), Nainital in Suit No.114 of 2011, dismissing the suit of the appellant/defendant, has been upheld.

(2.) Learned counsel for the appellant/plaintiff would submit that the learned trial court had framed 11 issues out of which issue nos.1, 2 & 7 are important; that, the learned trial court and the First Appellant Court grossly erred in not deciding the issue no. 1 in favour of the appellant/plaintiff despite the fact that the property situated in Khasra No.6575 (wholly) and Khasara No.6576 (in part) was purchased in the name of the appellant/plaintiff on 20/10/1986 by his father from Pooran Singh, the original tenure holder. He would further submit that while deciding issue no.1 the trial court erred in law in not considering the fact that the appellant/plaintiff is the owner and in possession of the disputed property i.e. the land situated in Khasara No.6575 (whole) and Khasara No.6576 (partly) and decided issue nos.1, 2 & 3 together against him.

(3.) Learned counsel would further submit that the issue no.7 was framed as to whether the appellant/plaintiff and the respondent/defendants are the joint Khatedar in the disputed land and, if yes, whether one joint Khatedar of a Khata has any right to file a suit against the another joint Khatedar of the same Khata or not? He would further submit that the trial court and the First Appellate Court again erred in deciding this issue against the appellant/plaintiff and in favour of the respondent/defendants.