JABBAR SINGH Vs. SHANTI SAROOP

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, Sirmaur District at Nahan, HP, in Civil Appeal No. 78-CA/13 of 2005 decided on 27th June, 2006, whereby he has accepted the appeal filed by the plaintiff (respondent herein) and remanded the case for fresh trial to the learned trial court after framing some fresh issues.

(2.) BRIEF facts of the case are: Plaintiff filed a suit for possession of the suit land. According to the plaintiff on 18.2.1999 some negotiations took place between him and the defendant. An agreement to sell was entered into on 18.2.1999 and Rs.10,000/- was paid as earnest money to the plaintiff by the defendant. The plaintiff further submits that the defendant forcibly took possession of the suit land. According to the plaintiff, agreement dated 18.2.1999 stands cancelled and, therefore, the plaintiff is entitled to take possession of the suit land. In the plaint, it has also been alleged that the defendant, who is a clever and shrewd person, has fabricated another agreement which has been procured by playing fraud and, therefore, the subsequent agreement is not binding on the plaintiff.

(3.) NO replication was filed to the written statement. On the pleadings of the parties, the learned trial court framed the following issues: