KHUSHI RAM Vs. SAT NARAIN

JUDGEMENT

(1.) The plaintiff is in second appeal against the concurrent judgments and decrees of the learned Courts below whereby the suit filed by the plaintiff for declaration, has been dismissed by both the Courts below. The appellant/plaintiff had filed Civil Suit No.24 of 9/8/1980 which was dismissed by the learned Sub-Judge, 1st Class, Sonepat vide judgment and decree dtd. 28/2/1986. Against the said judgment and decree dtd. 28/2/1986, two appeals were filed: 1) bearing Civil Appeal No.15/13 of 1986 titled as "Khushi Ram Vs. Satnarain" which was filed by the plaintiff; and 2) Civil Appeal No.55/13 of 1986 titled as "Satnarain Vs. Khushi Ram" which was filed by the defendant/respondent Satnarain. Vide common judgment and decree dtd. 9/2/1989, the learned Additional District Judge, Sonepat has dismissed the appeal of plaintiff Khushi Ram; whereas the appeal of defendant Satnarain was allowed; and consequently, suit of plaintiff Khushi Ram was dismissed. Hence, present 2 second appeals.

(2.) Both the present appeals are being disposed of by this common order as they emanate from common judgment and decree of the learned Courts below; as also the facts and issues involved in both the second appeals are identical.

(3.) The parties shall hereinafter be referred to as per their status before the learned trial Court i.e. the appellant as the "plaintiff" and the respondent as "the defendant". For the sake of convenience, the facts are being drawn from RSA-1060-1989 titled as "Khushi Ram Vs. Sat Narain" dtd. 19/4/1989.