S.K. Jain, J. - (1.) This single judgment will dispose of following three Regular Second Appeals No. : (i) R.S.A. No. 1365 of 1993, Rulda Singh etc.. v. Gopal Dass etc. (ii) R.S.A. No. 1474 of 1993, Rulda Singh etc.., v. Gopal Dass etc. and (iii) R.S.A. No. 1742 of 1993, Basdev v. Gopal Dass and others.
(2.) Gopal Dass filed two civil suits for specific performance of the contract, one against Rulda Singh, Saudagar Singh and Basdev, and the other against Basdev, Rulda Singh, Sohan Singh, Saudagar Singh, Shingara Singh, Gurcharan Singh and Surinder Kaur. Both these suits were consolidated. Sub Judge 1st Class. Fatehgarh decreed suit No. 87/10.2.1988 for the alternative relief of recovery of Rs. 10,000/- whereas civil suit No. 493 of 3.10.1987 was dismissed. Against the above said judgment and decree dated 27.9.1991 vide which both the suits were dismissed Civil Appeals No. 152and 153 of 31.10.1991 were filed, Both of them were decided by Shri R.L. Anand, District Judge, Patiala. Vide single judgment and decree dated 2.6.1993. Operative portion of para No. 19 of the judgment reads as under:- "The net result is that appeal No. 152 titled 'Gopal Dass v. Rulda Singh and others' succeeds partly. The judgment and decree of this suit arc modified to the extent that the plaintiff cannot be evicted from the suit land except in due course, of law and the defendants arc restrained from interfering in the possession of the plaintiff. Appeal No. 153 'Gopal Dass v. Basdev and others' succeeds partly and the judgment and decree of the trial Court arc also modified to the extent 'hat plaintiff will be entitled to a money decree fora sum of Rs. 10,000 - along with interest @ 6% per annum from the date of decree till payment. Plaintiff's possession is also protected against all defendants No. 1 to 7 in Civil Suit No. 87."
(3.) It is that judgment and decree of the first appellate Court which has been appealed against by Rulda Singh defendant in the above mentioned Regular Second Appeals and which requires my examination of its sustainability.;