SHESHMAL Vs. RAWAT KARANSINGH

JUDGEMENT

(1.) This civil miscellaneous appeal by the defendant Sheshmal is directed against the appellate judgment of the District Judge, Udaipur dated July 11, 1975 whereby the judgment and decree of the Additional Civil Judge, Udaipur dismissing the suit filed by the plaintiff-respondent Karan Singh were set aside and the case was remanded back to the Additional Civil Judge. Udaipur for recording evidence of the plaintiff.

(2.) The relevant facts of the case are that on Dec. 23, 1966 the plaintiff Karan Singh filed a suit in the court of Civil Judge, Udaipur against his son Pratap Singh and the appellant Sheshmal for the recovery of possession of a plot of land fully described in para No. 2 of the plaint. It was all red by the plaintiff that he was the owner of the plot in dispute and that the defendant Sheshmal in collusion with defendant Pratap Singh, who was deadly against him took possession of the plot in dispute in the year 1964 without any authority and with a view to harm the plaintiff.

(3.) The suit was resisted by the defendant-appellant alone. The defendant Pratap Singh, who is the son of the plaintiff, did not put in his appearance in spite of the due service of summons. The defendant Sheshmal denied that the plot in dispute belonged to the plaintiff. He further alleged that the plot in question was purchased by him from Pratap Singh for Rs. 2250.00 in the month of Nov. 1964. He further asserted that he was put in possession of the plot in the year 1961 and he also constructed a house thereon worth Rs. 10,000.00. The defendant Sheshmal further alleged that Pratap Singh was the ostensible owner of the plot in question and he sold the plot with implied authority of the plaintiff.