BHUP SINGH Vs. TULSI RAM

JUDGEMENT

(1.) This appeal arises out of the judgment of Additional District Judge, Mandi, in Civil Appeal No. 77 of 1978 decided on 20-3-1979 whereby the order of Additional Sub-Judge (III Class), Mandi, in Civil Suit No. 34 of 1967 has been set aside and the case was remanded with directions as contained in the penultimate para of this judgment. The appellants have a grievance against this judgment and, therefore, they assail it by way of this appeal.

(2.) Briefly, the facts are that the plaintiffs instituted a suit for possession of certain lands mentioned in the title as well as in para 1 of the plaint on the assertion that the same was allotted to them in consolidation proceedings carried out in that area but at the time when the possession thereof was delivered to them, it was a possession on papers only and the defendants remained in possession thereof; thus making their possession over this land totally illegal.

(3.) The defendants in their written statement stated that the land in question was probably allotted to the plaintiffs but the land that was allotted to the defendants in lieu of this land, was not delivered to them nor was the suit land taken out of their possession and delivered to the plaintiffs. In this way, they contend, they remained in continuous possession of the suit land uninterruptedly.