SHITAL SINGH Vs. NANAN SINGH

JUDGEMENT

(1.) Plaintiffs filed suit for declaration of title against the defendants in respect of suit land, described in Schedule 1 to the plaint and for confirmation of possession as also for intunction.

(2.) Plaintiffs' claim was based on the basis of a sale-deed dated 22.12.1971, executed in their favour by Mostt. Kanijia Khatoon. The suit was filed in 1981 and was dismissed on 24.11.1989, holding that plaintiffs' sale-deed dated 22.12.1971 was not legal, genuine, valid and operative and they did not acquire any title and possession over the suit land. On the other hand, deed of gift dated 23.8.1979, executed by Mostt. Kanijia Khatoon in favour of defendants 1 and 2 was legal and valid and there after two sale-deeds dated 10.7.1982, executed by defendants 1 and 2 in favour of defendants 3 and 5 in respect of the suit property was also legal, valid and for consideration. The suit was also held to be bad for non-joinder of necessary parties and the plaintiffs and no cause of action to file the suit.

(3.) Plaintiffs thereafter filed Title Appeal No. 47 of 1989, which has been allowed by the impugned judgment/order dated 13.9.1998. The trial Court's judgment and decree was set aside and the suit was remanded to frame an issue on the question of limitation and to give one opportunity to the plaintiffs to implead those persons as parties to the suit, who were left out and there after to dispose of the suit on merit and in accordance with law.