GOPAL LAL Vs. RAVI DUTT

JUDGEMENT

(1.) This appeal under Order 43 Rule 1(u) of the Code of Civil Procedure is directed against the judgment of the learned District Judge, Bilaspur in Civil Appeal No. 104 of 2000 whereby he has accepted the appeal filed by the present Respondent and remanded the case to the trial Court for rehearing the arguments and to decide the same afresh.

(2.) The facts necessary for disposal of the case are that Jagdish father of the present Respondent was allotted 3362.50 sqr. metres of land in khasra No. 1012, Up-mohal, Bilaspur. Tehsil Sadar, District Bilaspur by way of Nautor. He sold half share of this land to the present Appellants vide sale deed executed on 25.6.1987. The present Appellants who are the Plaintiffs filed a suit alleging that they are the joint-owners in possession with the Defendant of the entire suit land since the same had not been partitioned. It was further alleged that the Defendant was trying to take forcible possession of the suit land.

(3.) The Defendant resisted the suit and raised various objections. It was pleaded that since khasra No. 1012 had been granted by way of Nautor to the father of the Defendant on 12.9.1973 and since the sale deed was executed within a period of 15 years from the date of grant of Nautor, the said sale is illegal and void and did not confer any right, title or interest oil the Plaintiffs. The Defendant claimed that he was the sole heir of his father late Jagdish Chand and therefore, he is entitled to claim his father's share. He has also filed a counter-claim praying that the sale deed executed by his father on 25.6.1987 in favour of the Plaintiffs be declared null and void since it is without any consideration and could not have been executed within 15 years from the date, the Nautor was granted. The learned trial Court framed as many as 12 issues. Issues No. 1, 10 and 11 are as under: