BHAJAN KAUR Vs. GURMEJ SINGH

JUDGEMENT

(1.) The plaint of he present suit filed by the plaintiff Kishan Singh (since deceased and represented by his legal representative Gurmej Singh-plaintiff/respondent No. 1 in this appeal) for possession of the property in dispute as ordered to be returned to the plaintiff by the trial Court after holding that the civil Court is not empowered with the jurisdiction to decide the matter in issue. Aggrieved against the judgment and decree passed by the trial Court, plaintiff-respondent went in appeal before the lower appellate Court which was accepted. To challenge the judgment and decree passed by the lower appellant Court, the defendants filed Regular Second Appeal No. 1223 of 1995 in this Court on the ground that some of the defendants were not properly represented in the appeal before the lower appellate Court. This Court, in Regular Second Appeal, set aside the judgment and decree passed by the lower appellate Court and remanded the case to it (lower appellate Court) for fresh decision in accordance with law.

(2.) Upon receipt of the case on remand, the lower appellant Court got served the concerned parties and, thereafter, after hearing the counsel for the parties, allowed the appeal filed by the plaintiff-respondent and decreed his suit for possession of the disputed land. In this Regular Second Appeal, the defendant-appellants have challenged the said judgment and decree passed by the lower appellate Court.

(3.) I have heard Mr. O.P. Hoshiarpuri, Advocate, on behalf of the defendant-appellants and Mr. Ranjit Saini, Advocate, on behalf of the plaintiff-respondent, and have gone through the records of the case.