AMAR SINGH Vs. KEHAR SINGH

JUDGEMENT

(1.) Admit. To be heard today,

(2.) Mr. K.D. Sood waives service of the notice.

(3.) The appellant is the defendant and the respondent is the plaintiff. The suit was instituted for a declaration that the respondent was the owner of the suit land on the strength of a conveyance executed in his favour in 1973 and for a permanent injunction restraining the appellant from getting a mutation effected in his favour in respect of the suit land. The trial court dismissed the suit holding that the respondent had failed to establish his title to the suit land. In appeal, the lower appellate court reversed the decree of the trial court mid remanded the suit for a fresh trial after allowing an amendment of the plaint which was applied for at the appellate stage by the respondent. Hence the present appeal.