PRITAM SINGH Vs. SUHEL SINGH

JUDGEMENT

(1.) THIS Regular Second Appeal was admitted on the following substantial questions of law:

(2.) APPEAL is directed against the judgment and decree, dated 3.7.2000 of learned District Judge, whereby appeal against the judgment and decree, dated 28.12.1999, of learned Sub Judge, 1st Class, has been dismissed, with the findings that Civil Court did not have the jurisdiction to try the suit, though at the same time merits have also been touched and a finding recorded that the respondent-defendant Suhel Singh was a tenant.

(3.) IT was alleged that in the year 1997, plaintiffs came to know that mutation of conferment of proprietary rights, in respect of the suit land, had been attested in favour of respondent Suhel Singh, on the basis of wrong entry in the revenue papers, showing him as a tenant. IT was also alleged that Suhel Singh, on being asked to deliver the possession, refused to do so. So, in addition to seeking a decree of declaration, decree for possession of suit land was also sought.