DINA NATH Vs. MUNSHI RAM

JUDGEMENT

(1.) THIS is an appeal against a judgment and decree of Mr. Pitam Singh Jain, Sub-ordinate Judge 1st Class, Tarn Taran, dated 2-5-1950 decreeing the plaintiffs' suit to the extent of 1317216th share on the plaintiffs' paying a sum of Rs. 5,535/5/8 to defendant 1.

(2.) THE facts of the case are that on the death of one Hazara Singh, his mother, Mst. chandi, succeeded to the estate. She sold the land in dispute to defendant 1 and defendants 2 to 20 filed a suit for declaration challenging this sale and a declaratory decree was obtained against defendant 1 on 15-4-1941 to the effect that the sale shall not bind the reversionary rights of the plaintiffs after the death of Mst. Chandi. This decree was affirmed right up to the High Court. When chandi died defendants 2 to 4 and 6 to 20 sold the land in suit measuring 5 'kanals' 14 'marlas' out of 'khasra' No. 469 to the plaintiffs for Rs. 18,000/- on 13-3-1945. The plaintiffs brought this suit for possession of the land measuring 5 'kanals' 14 'marlas' with a prayer that the defendant should' remove the material on it. The suit was decreed to the extent of 131/216th share on the payment of Rs. 5,535/5/8.

(3.) AGAINST this decree Dina Nath plaintiff went up in appeal to the Senior Subordinate Judge and an objection was taken that the appeal lay to the High Court and not to the Senior Subordinate judge's Court. Appellant's counsel, however, conceded in the Court of the Senior Sub-Judge that the appeal was beyond the power of the Senior Subordinate Judge's Court and. the memorandum of appeal was returned to be filed in a Court of proper jurisdiction. This was on 27-6-1951. The appeal was filed in that Court on 10-7-1950.