HAR KISHAN Vs. DURGA

JUDGEMENT

(1.) THIS judgment shall dispose of Regular Second Appeal Nos. 314, 508, 634, 1303, 1213 and 1214 of 1985 as identical question of law and facts are involved in these appeals. Facts are being taken from regular second appeal No. 314 of 1985.

(2.) THIS is defendant's appeal against the judgment and decree of the Additional District Judge affirming in appeal the judgment and decree of the trial Court whereby the suit filed by the plaintiffs was decreed thereby setting aside the earlier judgment and decree dated 19.2.1979.

(3.) DEFENDANTS No. 1 to 3 filed a joint reply controverting the various material allegations of the plaintiffs. They pleaded that the plaintiffs have no locus standi to file the suit; that the suit is not maintainable in the present form; that the suit has not been properly valued for the purposes of court fee and jurisdiction and that the impugned judgment and decree are valid.