- (1.) Present regular second appeal, at the hands of defendant No.4, is directed against the judgment and decree dated 4.10.2004 passed by the learned District Judge, whereby judgment and decree dated 5.1.1981 passed by the learned trial Court were set aside, allowing the first appeal of the plaintiffs and their suit for possession by partition of land, was decreed.
(2.) Brief facts of the case, as recorded by the learned District Judge in paras 2 to 14 of the impugned judgment, are that originally, the appeal filed against the judgment dated 5.1.1981 passed by the learned trial Court was accepted by the then learned Additional District Judge, Jalandhar, vide judgment and decree dated 5.1.1981. However, one of the defendants namely Jaladhar Improvement Trust, Jalandhar through its administrator had filed regular second appeal No.1361 of 1984 titled as Jaladhar Improvement Trust v. Arjun Dass and other, which was accepted by the Hon'ble High Court vide order dated 28.7.2004. The judgment and decree passed by the learned lower Appellate Court dated 27.1.1984 was set aside and case was remanded to this court for fresh decision.
(3.) The case of the plaintiffs/appellants as pleaded in the plaint was that plaintiff No.1,3 to 8 and other of plaintiff No.2 had purchased 5 kanal 5 1/2 marlas of land for a sum of Rs.21,100/- from Bachittar Singh vide registered sale deed dated 6.12.1966 out of khasra No.18783/3078-3079 measuring 15 kanal 10 marlas. Mutation No.12259 was sanctioned on the basis of this sale deed. Said Bachittar Singh had purchased this piece of land from Mohan Singh and Mutation No.11554 was sanctioned on the basis of that sale deed in favour of Bachittar Singh.;