BIRBAL MINOR Vs. CH. RISALA AND ANOTHER TWO

JUDGEMENT

(1.) THIS appeal arises out of a suit for the possession of certain plots of land situated in the village of Lalan, pargana Shamli, district Muzaffarnagar. The relevant facts are as follows: - -

(2.) ON the 9th of June, 1941 the sale -deed in dispute was executed in respect of ten bighas Pukhta. It may be noted here that the property which was mortgaged to the defendants 1 to 3 was 17 bighas, 17 biswas pukhta, out of which permission for sale was obtained in respect of ten bighas pukhta only. On the 10th June, 1941 Sangram applied to the Liquidation Officer that, as the entire debt has been paid off, the liquidation proceedings tinder the Encumbered Estates Act might be terminated. This was granted.

(3.) THE learned Munsif agreed with the plaintiff's contention and decreed the claim. In appeal the learned District Judge took a contrary view and dismissed the plaintiffs suit. The plaintiff, therefore, comes in appeal.