LAWS(P&H)-2001-9-61

GAURA DEVI Vs. BAL MUKAND

Decided On September 10, 2001
GAURA DEVI Appellant
V/S
BAL MUKAND Respondents

JUDGEMENT

(1.) THIS regular second appeal has been initially filed by Smt. Gaura Devi wife of Sh. Dev Raj and Sh. Gita Ram son of Dev Raj, but later on appellant Nos. 3 to 5 were added as co-appellants along with Smt. Gaura Devi and Gita Ram.

(2.) THE challenge in this regular second appeal has been given to the judgment and decree dated 12.5.1980 passed by the Court of District Judge, Faridkot who confirmed the judgment and decree dated 8th March, 1979 passed by the Court of Sub Judge Ist Class, Faridkot who gave a declaration and granted a decree for joint possession of the shop in dispute vide plan Exhibit D-1/2 on payment of Rs. 1500/- against Sita Ram defendant No. 3 and in favour of the plaintiffs Smt. Gaura Devi and Sh. Gita Ram.

(3.) DEFENDANT Nos. 2 to 6 claim that they are in possession of the shop as tenants and, as such, they have been impleaded as defendants. Defendant No. 1 Shri Bal Mukand failed to allow the redemption in favour of the plaintiffs despite the service of notice. Hence the suit for redemption.