NARESH KUMAR Vs. CHAWLI

JUDGEMENT

(1.) This is a defendants' Second Appeal from a decree of possession passed by the Lower Appellate Court, reversing the Trial Court.

(2.) Nanu Singh brought Original Suit no.101 of 1971 against Bhupeshwar Prasad, Rajeshwar Prasad, Ishwar Prasad, Rameshwar Prasad, all sons of late Hari Kishan Das and Smt. Shashi Prabha, daughter of late Hari Kishan Das for possession of land, part of Khasra no.113, situate at Mauza Khan Alampur, Saharanpur, as detailed and bounded at the foot of the plaint. The Suit was instituted on 27.01.1971. Pending Suit, the Appeal from the Original Decree and the present Appeal, the plaintiffs have grown to a figure of nine on account of exiting this mortal world. The defendants, likewise, who were five before the Trial Court, have grown to a figure of eighteen, with legal representatives being substituted for the deceased defendants, pendente lite.

(3.) Sri Shamsher Bahadur Singh, the then Munsif City, Saharanpur, who tried the Suit, dismissed it with costs by his judgment and decree dated 11.07.1989. The plaintiffs appealed to the District Judge, Saharanpur, where the Appeal was registered on the file of the learned District Judge as Civil Appeal no.70 of 1989. The Appeal on assignment came up for determination before Sri Naresh Kumar Bahal, the then IVth Additional Civil Judge, Saharanpur on 26.03.1993. The learned Additional Civil Judge by his judgment and decree of the date last mentioned, allowed the Appeal with costs, set aside and reversed the decree of the learned Munsif, ordering the Suit to be decreed with costs. It is ordered by the Appellate Decree that the defendants shall hand over the plaintiffs possession of the suit property within a month of the judgment.