HASHAM Vs. JHANGI RAM

JUDGEMENT

(1.) The plaintiff has filed the present appeal against the order passed by the first Appellate Court on 1-5-2000 wherein while reversing the findings of the trial Court on issues Nos. 1 and 2, the judgment and decree of the trial Court was set aside and the suit was remanded back to the trial Court for fresh decision in accordance with law.

(2.) The plaintiff-appellant filed a suit for declaration and claimed permanent injunction and consequential relief. The Court has framed the following issues :

(3.) Issues Nos. 1 and 2 were taken up together by the learned trial Court and it was held that the plaintiff is in possession of the suit property and the decree was obtained by the defendant without impleading him and by keeping the Court in dark. Both the issues were thus decided against the defendant and in favour of the plaintiff. Issue No. 3 was also decided in favour of the plaintiff and against the defendant. So were issues Nos. 4 to 6. Consequently the learned trial Court decreed the suit of the plaintiff.