BAKHTAWAR SINGH Vs. NIRMAL SINGH

JUDGEMENT

(1.) ON 16th July, 1966, Amar Singh sold the agricultural land in dispute, situate in village Dadrala, District Patiala, to Mehar Singh, who, subsequently, sold the same to some other persons, that sale led to a suit of pre-emption by the sons of Mehar singh, namely, Satpal Singh and Bhag Singh. They succeeded and thus became the owners of the land in question. Thereafter Nirmal Singh and others, sons of amar Singh, brought a usual declaratory suit under custom challenging the sale made by their father Amar Singh in favour of Mehar Singh.

(2.) THE suit was contested and ultimately dismissed on 2nd July, 1960 on the finding that the land was not ancestral. The appeal against this decree was also dismissed on 19th October, 1960, by the learned District Judge, Patiala. It might be stated that during the pendency of the appeal before the lower appellate Court, on 14th October, 1960, an application under Order 41, Rule 27, Code of Civil procedure, was filed by the plaintiffs, but the same was also rejected by the learned Judge.

(3.) A second appeal was then taken to this Court, which was allowed on 24th february, 1971, and it was held that the learned District Judge was wrong in rejecting the application under Order 41, Rule 27, Code of Civil Procedure, filed by the plaintiffs before him. The said application was, consequently, granted and the case remanded to the District Judge for re-decision after allowing the parties an opportunity to produce additional evidence.