NIRANJAN SINGH Vs. BEERU RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree dtd. 2/9/1989 passed by learned District Judge, Jalandhar i.e. First Appellate Court, whereby Civil Appeal N: 605 of 1987 filed by defendant Beeru Ram (respondent herein) was allowed, setting aside the judgment and decree dtd. 15/6/1987 of learned Trial Court, whereby the Civil Suit N: 539 of 1985 filed by the plaintiff Niranjan Singh (appellant herein) had been decreed. Resultantly, the suit was dismissed by the appellate court. Thus, this RSA is against reversal by the First Appellate Court of the judgment of the trial Court.

(2.) Lower Court record was called and the same has been perused. In order to avoid confusion, parties shall be referred as per their status before the trial Court.

(3.) 1 Subject-matter of the suit is a "Tour" marked by letter 'ABCD' and shown in red colour in the site plan attached with the plaint and detailed and described in head-note of the plaint. Plaintiff Niranjan Singh claimed to be owner of the suit land. According to him, he had earlier 1/3rd share in the suit property. He had filed a civil suit for partition qua his 1/3rd share against the other co-sharers/collaterals. That suit was decreed vide judgment dtd. 13/1/1980 (Ex.P8). Appeal filed by one of the defendant Nazir Singh against that judgment, was dismissed by the Appellate Court on 16/7/1982 (Ex.P10). Subsequently, plaintiff purchased respective shares from his other collaterals by virtue of sale deeds dtd. 14/3/1983 and this way, he became exclusive owner of the entire suit property.