DEV KISHAN Vs. KAMLA DEVI

JUDGEMENT

(1.) The present revision petitions have been preferred against the judgment and decree dtd. 15/1/2004 passed by the Civil Judge (Senior Division) Phalodi, District Jodhpur in Civil Regular Suit No.95/1999 and Civil Regular Suit No.94/1999 respectively whereby the suits as preferred by the plaintiff under Sec. 6 of the Specific Relief Act, 1963 (hereinafter referred to as 'the Act of 1963') for recovery of possession and permanent injunction have been dismissed. The facts of both the revisions being identical, both are decided by this common order.

(2.) Brief facts of the case are that on 24/9/1999, plaintiff Dev Kishan preferred suit under Sec. 6 of the Act of 1963 with the submission that the property in question was purchased by Heeralal, father of the plaintiff from Vijayraj vide registered sale deed dtd. 18/9/1972 who inter alia purchased the same from Shri Gopal vide sale deed dtd. 14/11/1943. Since the date of the said purchase, Heeralal and subsequently, the legal representatives of Heeralal including the plaintiff were in possession of the property in question.

(3.) The dispute subsequently arose between Shri Gopal and Heeralal and a suit was preferred in the year 1972 by Heeralal for injunction against Shri Gopal which was decreed in favour of legal representatives of Heeralal on 2/8/1983. However, an appeal was preferred by Shri Gopal against the said decree and in the said appeal, a new issue being issue No.12 was framed by the first Appellate Court and the matter was remanded to the Trial Court for decision on the said issue. While remanding the matter, the first Appellate Court directed the Trial Court to decide the said issue within a period of nine months and then forward the record along with the decision on the said issue to the first Appellate Court.