MAKHAN SINGH Vs. ACHHAR SINGH

JUDGEMENT

(1.) UNSUCCESSFUL plaintiffs Makhan Singh and his son Joginder Singh have filed the present appeal and it has been directed against the judgment and decree dated 8.5.1997 passed by Additional District Judge, Faridkot, who dismissed the appeal of the present appellants by affirming the judgment and decree of the learned trial Court dated 5.12.1995 passed by Additional Senior Sub Judge, Muktsar, who dismissed the suit of the plaintiffs.

(2.) IT may be mentioned here at the very outset that along with Makhan Singh and Joginder Singh, present appellants, Nazar Singh, Surat Singh, Amrik Singh and Sadha Singh, who were defendants No. 3 to 6 in the trial Court, also filed an appeal against the judgment and decree of the trial Court and vide judgment dated 8.5.1997 (impugned judgment) both the appeals were dismissed. Nazar Singh, Surat Singh, Amrik Singh and Sadha Singh have not filed any appeal against the judgment and decree dated 8.5.1997 in the High Court, but only Makhan Singh and his son Joginder Singh, plaintiffs No. 1 and 2, have come in the appeal, which I have heard with the assistance of the lawyers and also disposing of the same with the record of the trial Court.

(3.) AGGRIEVED by the judgment and decree of the trial Court plaintiffs No. 1 and 2 and defendants No. 3, 4, 5 and 6 filed two separate appeals before the first Appellate Court and both the appeals were dismissed vide impugned judgment and decree dated 8.5.1997. However, in the High Court only plaintiffs No. 1 and 2 have come in the appeal.