KAMLA DEVI Vs. VINOD KUMAR

JUDGEMENT

(1.) This is defendant's appeal and has been directed against the order dated 4.8.1986 passed by the Court of Addl. District Judge, Gurdaspur who set aside the judgment and decree dated 21.1.1986 passed by the Court of Sub Judge, 1st Class, Pathankot who dismissed the suit of the respondents on preliminary issues.

(2.) Some facts can be noticed in the following manner:

(3.) The case set up by the plaintiffs was that preliminary decree dated 12.10.1983 passed by the Court of Sub Judge, 1st Class, Pathankot in favour of the defendants was illegal, void and ineffective in as much as the same does not take into consideration the stair case alongwith Deodi and courtyard and as depicted in the site plan filed by the plaintiffs alongwith the plaint. According to the plaintiffs this part of the property is the joint ownership of the parties to the suit situated in Mohalla Wadehrian, Pathankot. It was further contended that plaintiff No. 3 Devki Nandan was a person of unsound mind and he was being represented by his wife as his guardian as well as the next friend.