CHAND Vs. DEVIA

JUDGEMENT

(1.) This is an appeal under clause 10 of the Letters Patent against the judgment of a learned single Judge of this Court in a second appeal from decree whereby the judgment and decree of the Court of District Judge, Chamba, has been reversed and set aside and the decree for possession passed by the Senior Subordinate Judge in favour of the plaintiff Devia son of Hira has been restored.

(2.) The facts proved on record are as follows :-

(3.) Smt. Hiri also made a gift of her property along with her share in the mortgaged land in favour of Shri Bhartu and Shri Chand. There was a partition between Devia on the one hand and Bhartu and Chand on the other and in that partition the suit land measuring 5-1-1 Bighas which was in possession of the mortgagee Shri Janta, was allotted to Devia. Meanwhile Shri Janta had divided the mortgaged land among his collaterals. Devia demanded possession of the land but Janta and his collaterals repudiated his claim. He thereupon filed a suit for possession of his share of the land impleading Shri Janta and hi? collaterals as defendants. The defendants resisted the plaintiff's claim on several grounds. One of the grounds was that the plaintiff was not the owner of the suit property. Another ground was that the defendants were tenants of the land from the time of Shri Dom even prior to the creation of the mortgage by him and were therefore not liable to be ejected.