JAGTAR SINGH Vs. BACHAN SINGH

JUDGEMENT

(1.) The challenge in this appeal filed by Jagtar Singh son of Shankar Singh and his son-Gurdip Singh, appellants-defendants(hereinafter to be referred as "the defendants"), is to the judgment dated 20.11.2008, vide which the first appellate Court has set aside the judgment and decree dated 06.05.2008 of the trial Court and remanded the case back to it for its fresh decision.

(2.) The matrix of the facts, culminating in the commencement, relevant for disposal of the present appeal and emanating from the record, is that Bachan Singh and others, respondents-plaintiffs(for brevity "the plaintiffs") filed the suit against the defendants, for a decree of possession of the disputed property, denominated and described in the plaint, situated in village Bareke, Tehsil and District Ferozepur, on the basis of title. Levelling a variety of allegations in all according to the plaintiffs, they are owners of the suit property, but the defendants are in its unauthorised possession. They asked the defendants to hand over the vacant possession of the disputed property, but in vain, which necessitated them to file the present suit. On the basis of aforesaid allegations, the plaintiffs filed the suit for decree of possession against the defendants, in the manner indicated herein above.

(3.) The defendants contested the suit and filed the written statement, inter alia, pleading certain preliminary objections of, maintainability of the suit, locus standi of the plaintiffs and limitation etc. On merits, it was, inter alia, claimed that defendant Nos.1 and 2 are the owners of the suit property. They have constructed their residential houses about 35/40 years back, when the village New Bare Ke was established. The defendants admitted their possession as owners over the suit property. Succinctly, according to the defendants, they are the owners in possession of the suit land and the plaintiffs have got no right, title or interest in it. It will not be out of place to mention here that the contesting defendants have stoutly denied all other allegations contained in the plaint and prayed for dismissal of the suit.