Judgment

Mr. Vikram Aggarwal, J.

This is plaintiff’s appeal against the judgment and decree dated 21.01.1993, passed by the Court of Additional District Judge, Karnal vide which the appeal filed by the respondent-defendant Swaran Singh against the judgment and decree dated 30.07.1988, passed by the Senior Sub Judge, Karnal was allowed and the suit filed by the plaintiff was dismissed. The trial Court had decreed the suit filed by the plaintiff.

2. For the sake of convenience, parties shall be referred as per their their original status.

3. The dispute revolves around 8 kanal 2½ marlas of land situated at Village Newal, Tehsil & District Karnal (fully described in the plaint) (hereinafter referred to as ‘the disputed land’), owned by the plaintiff Chanan Singh. The parties to the lis are unfortunately, real brothers. A decree dated 02.12.1978 was suffered by Chanan Singh, who was the owner of the disputed land, in favour of Swaran Singh upon a suit having been filed by the defendant Swaran Singh. By way of the decree, the defendant became the owner of the disputed land. This decree dated 02.12.1978 was challenged by the plaintiff. A suit for declaration was filed claiming that the decr