NIRANJAN SINGH Vs. SHER SINGH

JUDGEMENT

(1.) THE facts giving rise to this second appeal against the order of the District judge, Patiala, dated 6th May, 1970, affirming that of the Subordinate Judge First class, Nabha, dated 31st January, 1970 whereby the objection application of the appellants under Section 47 of the Civil Procedure Code was dismissed are as follows.

(2.) THE land in dispute was sold by one Piara Singh to Niranjan Singh and others and this sale was challenged by Sher Singh who claimed possession through preemption. The pre-emptor succeeded in obtaining a decree in his favour on 3rd february, 1967. After depositing the sale-price Sher Singh obtained possession on 7th March, 1967. The vendees being dissatisfied with the decision of the suit brought by Sher Singh filed an appeal in the Court of the Additional District Judge, patiala, which was partly accepted by judgment dated 8th June, 1967. The decree of the trial Court was modified to the extent that Sher Singh was ordered to pay rs. 83. 75 more to the defendants over and above what had been allowed by the trial Court. The additional sum was ordered to be deposited on or before 15th july, 1967. In spite of the modification of the decree by the Additional District judge, Patiala, the pre-emptor did not deposit the additional amount within time with the result that the vendees Niranjan Singh and others made an application in the Court of the Subordinate Judge First Class, Nabha, claiming dismissal of plaintiff's suit and restoration, of possession of the property in dispute from Sher singh. The vendees succeeded in this application but in appeal the order of the trial Court was set aside and the case was remanded for a fresh decision after two additional issues had been framed. The following were the two additional issues framed by the appellate Court.

(3.) BEFORE proceeding with the arguments raised in the appeal it may be mentioned that the objectors, Niranjan Singh and Didar Singh, were able to get possession of the land after obtaining the order of the trial Court on 5th October, 1967 in execution proceeding even though that order was set aside by the appellate Court on 6th December, 1968.