DEEPIKA Vs. PIAR CHAND

JUDGEMENT

(1.) This is an appeal filed by the appellants under Order 43 Rule 1 Sub Rule (U) of the Code of Civil Procedure against the judgment passed by the Court of learned District Judge, Chamba, dated 4.11.2009, vide which he set aside the judgment and decree dated 31.12.2007 passed by the learned Civil Judge (Jr. Division), Chamba, dismissing the suit of the respondents and the case has been remanded to the trial Court for giving findings on all the issues.

(2.) Briefly stated, the facts of the case are that a suit for declaration and permanent injunction was filed by the plaintiff in regard to the land in suit alleging that he was owner in possession of the suit land and the defendants have no right, title or interest over the suit land. It was further alleged that the revenue entries made by A.C. 2nd Grade vide Mutation Nos. 1168, 1169, 1170, 1171 dated 16.1.1995 and order of Land Reforms Officer dated 7.3.93/94 on the basis of wrong entries of date of birth of defendant No. 3 in the school record are illegal and inoperative. The suit was contested by the defendants.

(3.) On the pleadings of the parties, the following issues were settled by the learned trial Court: