NIMB SINGH Vs. DASHRATH

JUDGEMENT

(1.) THIS batch of 8 second appeals filed by the appellants Nimb Singh and others against the different defendants, viz. Dashrath Singh, Bihari, Ghanshyam, Chaman Lal, Achala, Amba Ram, Jair Ram and legal representatives of late Sh. Dheera, are being disposed of by this common judgment.

(2.) THE appellants (original plaintiffs) have preferred these second appeals being aggrieved by and dissatisfied with the impugned judgment and decree dated 22nd May, 1995 passed by learned Additional District Judge, Barmer (for short, hereinafter referred to as 'appellate court') in the appeals filed by the defendants/respondents against the judgment and decree dated 12th July, 1991 passed by learned Munsif, Barmer, (for short, hereinafter referred to as 'trial court') in civil suit/s filed by Nimb Singh S/o. Sh. Hukam Singh etc. for claiming declaration and possession of the land in question situated in Khasra Nos. 1431 and 1585 in revenue village - Leelariya Dhora, Refugee Camp, Shivmundi Road, Barmer.

(3.) MR . Sajjan Singh, learned counsel appearing on behalf of appellants/plaintiffs during the course of arguments submitted that the same Presiding Officer had subsequently dismissed the appeals filed by other similarly situated defendants, like Nimbraj S/o. Sh. Somji, (not Nimb Singh S/o. Hukam Singh, the present appellant), Achala etc. and those appeals against the judgment of learned trial court in favour of the land -holders, came to be dismissed by the same Presiding Officer by subsequent order dated 27.08.1996 passed about one year after the present impugned judgment passed against the present appellants on 22.05.1995. He has produced the copy of that subsequently passed appellate order dated 27.08.1996 in Civil Appeal No. 11/1994 - Nimbraj v. Kheem Singh & Ors.; and the findings of the said order/judgment of the said Presiding Officer in the order dated 27.08.1996 are quoted herein below for ready reference: - -