ABHAY SINGH Vs. RAMESHWAR AND OTHERS

JUDGEMENT

(1.) This appeal has been remanded by the Supreme Court on setting aside the judgment dated 4th September, 2009 passed by this Court and the case has been remanded for disposal in accordance with law after notice to all the respondents has been served and after framing appropriate questions of law. Presently, all the contesting parties stand served and are duly represented by counsel. Therefore this appeal has been taken up for final hearing in remand proceedings.

(2.) The following substantial questions of law arise in this appeal for determination : -

(3.) In the plaintiffs' appeal against the judgment and decree dated 30th September, 2001 passed by the learned Civil Judge, Junior Division, Gurgaon partly decreeing the suit by invalidating the lease deed dated 27th July, 1992 by which defendants 2 to 9 had leased out suit property [pattanama] in favour of Abhay Singh defendant 1 against the interest of the plaintiffs and proforma defendant 10, the court of first appeal has reversed the findings of the learned trial Court at Gurgaon which had maintained the lease deed and dismissed the suit qua challenge to the same but had partly decreed the suit restraining defendants 1 to 9 from interfering in the suit land possessed by the plaintiffs and defendant 10 to the extent of 16 Biswas comprised in Rectangle 1302 Min [1-12] to the extent of their shares without getting the suit land partitioned between the co-sharers in the joint land where they were recorded as Gair Marusi of the land situated in Gair Mumkin Abadi.