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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
DEEPAK GUPTA
Sajjan Singh – Appellant
Versus
Bhajan Singh (Deceased) Through His Lrs – Respondent
JUDGMENT :
Deepak Gupta, J.
Plaintiff of Civil Suit No. 286 of 2009 titled as "Sajjan Singh v. Bhajan Singh and others" is before this Court. His suit for joint possession was decreed by the trial court vide judgment dated 14.05.2014 but by way of the order dated 01.11.2016 passed in Civil Appeal N: 29 of 2014, learned Addl. District Judge, Sangrur, has set aside the judgment dated 14.05.2014 of the trial Court. Certain additional issues have been framed by the appellate court and the case has been remanded to the trial Court to give findings on the additional issues as framed by the Appellate Court and then decided the suit afresh. It is this order of appellate court, which in under challenge before this court.
2. In order to appreciated the controversy, it is necessary to mention the relevant facts of the case in brief.
3. In order to avoid confusion, parties shall be referred as per their status before the trial Court.
4. A suit for recovery filed by on Ram Kishan against Sukhjinder Singh was decreed on 30.11.1974. In order to realize the decretal amount, said Ram Kishan filed execution on 04.07.1975, which was dismissed as withdrawn on 17.03.1976. He then filed fresh execution on 21
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The Appellate Court erred in denying recovery of possession despite confirming the plaintiff's title, emphasizing that possession without title is unlawful.
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