(1.) Challenge in this appeal is to the judgment and decree dtd. 31/10/2015 passed by the lower appellate Court, vide which the appeal filed by respondents No.1 and 2-plaintiffs was allowed and the judgment and decree dtd. 27/9/1993 passed by the Sub Judge 1st Class, Kaithal, dismissing the suit, was set aside.
(2.) It is pertinent to mention here that respondents No.1 and 2-plaintiffs filed an appeal and the same was also dismissed by the lower appellate Court vide judgment and decree dtd. 5/6/1996. Thereafter, they filed RSA-2393-1996, which was dismissed in limine on 17/10/1996. The respondents-plaintiffs filed SLP (Civil) No.7775 of 1997 before the Hon'ble Supreme Court and on 14/1/2002, the following order was passed: -
(3.) Thereafter, RSA-2393-1996 was allowed on 3/7/2015 and the case was remanded back to the lower appellate Court. The observations made in the judgment dtd. 3/7/2015 read as under: -