Yogeshwar Dayal, J.

( 1 ) THIS is a second appeal against the judgment of Shri 0. P. Singia, Additional District Judge, Delhi, setting aside the judgment and decree of the trial court dated 29th November, 1971, and remanding the case to the trial court for decision on merits.

( 2 ) THE plaintiffs filed asuit No. 381/70 in a civil Court for declaration to the effect that they were the bhoomidars to the exclusion of the defendants with respect to the land situated in villages Maujpur Babarpur and Karkardooma, Illaqa Shahdra, Union Territory of Delhi, as per khasra numbers mentioned in the plaint. The plaintiffs-respondents claimed to be in possession of the land and sought a permanent injunction restraining the defendants from interfering with the lawful possessi of the plaintiffs. The claim of the plaintiffs was based on the ground that their father, Chet Ram, son of Kalu, had been declared bhoomidar of the land in dispute. It was further pleaded by the plaintiffs-respondents that their father had died on 3rd June, 1969 leaving behind the parties to the suit as his heirs. The plaintiffs case was that the deceased had separated defendant No. 1, appellant i. e. Mam Raj who is the eld

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