BHARPUR SINGH Vs. SUKHJINDER SINGH

JUDGEMENT

(1.) The appellants in these two regular second appeals before this Court, are in a second round of litigation after the stage of the judgment and decree of the learned Sub Judge Ist Class, Kharar, passed on 24.08.1995. The suit of plaintiff Shamsher Singh (now represented in both the appeals by his legal representatives), having been partly decreed by that Court, both, the plaintiff and the two defendants, appealed against the said judgment and decree dated 24.08.1995, before the first appellate Court, which at that stage, allowed both the appeals and wholly reversed the aforesaid judgment and decree. The suit was however still only partly decreed but by complete reversal, inasmuch as, the 2nd issue pertaining to land claimed by the plaintiff to be in his ownership and possession on the basis of a will was decreed by the first appellate Court at that stage, whereas the 3rd and 4th issues framed by the trial Court pertaining to whether the plaintiff had become owner of the land that he was in possession of as a mortgagee, were decided against him and in favour of the defendants. The learned Subordinate Judge had, on the other hand, held the second issue against the plaintiff and the 3rd and 4th issues in his favour and against the defendants.

(2.) The judgment and decree of the learned first appellate Court having been earlier challenged before this Court by the legal representatives of the defendants, by way of a regular second appeal (RSA No.604 of 2000), that appeal was dismissed by a judgment of a co-ordinate Bench, dated 17.08.2006, essentially holding as follows:-

(3.) That judgment was challenged by way of Civil Appeal no.7250 of 2008 (arising out of SLP (Civil) no.1400 of 2007), before the Supreme Court, and was disposed of by their Lordships, setting aside the judgment of this Court as also that of the first appellate Court, remitting the matter back to that Court (the first appellate Court), to be decided afresh in the light of the observations made in the judgment of the Apex Court, as would be seen further in this judgment.