BALDEV SINGH Vs. AMAR SINGH AND OTHERS

JUDGEMENT

(1.) HAVING kept the law laid down by Hon'ble Apex Court in case Kashmir Singh vs. Harnam Singh & Anr. : 2008(2) R.C.R. (Civil) 688 : AIR 2008 (SC) 1749 into focus, now the short and significant question, though important that arises for determination is, as to whether any substantial question of law is involved in the instant regular second appeal, so as to invoke the jurisdiction vested in this Court under Section 100 C.P.C or not ?

(2.) CONCISELY , the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the present regular second appeal and emanating from the record, are that Amar Singh, Joginder Singh and Rattan Singh sons of Kishan Singh respondent -plaintiffs (for brevity "the plaintiffs") filed the suit against Baldev Singh son of Bhag Mal appellant -defendant (for short "the defendant") seeking a decree for possession of the plot, denominated by letters ABCD shown in red colour in the site plan (Ex.P1), situated in village Khudda, Tehsil Dasuya, District Hoshiarpur.

(3.) LEVELLING a variety of allegations and narrating the sequence of events, in all, the plaintiffs claimed that they are owners of the disputed property, but the defendant has forcibly took possession of the property in dispute from them, without any legal right. On the basis of aforesaid allegations, the plaintiffs filed the suit seeking a decree for possession against the defendant, in the manner indicated hereinabove.